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Archive for September, 2010

How to apply for a green card renewal online?

September 29, 2010 7 comments

Normally, a permanent resident card (green card) is valid for ten years. On its expiration, you need to renew it by filing Form I-90, Application for green card replacement with the USCIS. If your green card has already expired, make sure you renew it at the earliest. Though you will not lose your permanent resident status if you do not renew it, per immigration laws, you need to carry evidence of your status (a valid, unexpired green card or temporary passport stamp). If you do not renew your expired / expiring card, you may experience difficulties in obtaining employment, benefits and on re-entry into the US from abroad. Always, apply for your new card before you travel and bring with you on any trip the temporary documentation you received. If, after traveling abroad, you try to re-enter the US with an expired card, you may experience a delay during the inspections process at the port of entry.

Process for online green card renewal:

Before efiling your form, check for eligibility information to see if e-Filing is the right filing option for you. Also check your system requirements. Also ensure you have all required information at hand before beginning the efiling process. Have your credit card, debit card, or bank account and number readily available to pay the filing fee if necessary.

While e-filing the application, you need not submit paper photographs and you don’t need to self-schedule an appointment at an Application Support Center for biometrics. USCIS will send a notice in the mail that will provide you with your USCIS-scheduled appointment for biometrics and taking photographs at an Application Support Center.

You should bring the biometrics appointment notice and photo identification to your biometrics appointment. Kinds of photo identification accepted are passport or national photo identification issued by your country or your driver’s license, or military photo identification, or a State-issued photo identification card. You should also bring all required initial evidence, including your prior green card OR other evidence of permanent residence or commuter status. Other documentation such as court ordered name change, marriage certificate, birth certificate, or a police report for a stolen or lost green card.

While efiling your application, ensure that your application has been successfully submitted to USCIS. If you receive a receipt number on the web confirmation page and your application no longer appears in the list of saved application in the “My Forms” screen, it means your application has been filed successfully. And also if you receive Form I-797, Notice of Action, through the mail within 10 days of e-Filing your application, it means your application was filed successfully. Your confirmation receipt number will be in the Form I-797.

If the “My forms” screen shows ‘pending’ or ‘action needed’, it means your application was not efiled successfully or there might a problem with your transaction. Also make note of the receipt number given on the confirmation page before clicking the ‘finish’ button so that you can have a PDF copy of your submitted application. Also remember to save your application and the confirmation receipt number. If you did not make note or print your receipt number, wait for approximately 10 days to receive your Form I-797, Notice of Action. The confirmation receipt number will be printed on your I-797.

How to get a US visitor Visa?

September 24, 2010 1 comment

People from abroad who wish to enter United States, must obtain American Visitor Visa which is placed in the passport of the individual. A visa does not guarantee entry into the United States. Instead it determines the eligibility of the individual to seek entry in to the United States. Department of Homeland Security (DHS), Customs and Border Protection (CBP) will then decide whether the individuals with the US Visas will be allowed to enter US or not.

There are two types of visitor visas which are classified into Immigrant Visa and Non-immigrant visa. Immigrant visas are used by people who wish to travel to live permanently in US. Non-immigrant visas are issued for people who wish to travel to US on a temporary basis (business or pleasure)

US Visitors:

The US Visitors who wish to enter US on a temporary stay need non – immigrant visas for business, pleasure or medical treatment. Every year US Visitor Visa comprises a large portion of temporary travelers to US.

If an individual seeks to enter US for business activities such as conferences, meetings, consultations and negotiating contracts then he/ she may apply for a B1 visa. Or if the individual seeks to enter US for pleasure activities such as visiting friends/relatives, tourism, recreational activities or medical treatment, then it is appropriate to apply for a B2 visa. Based on the purpose of the travel and on submission of the supporting documents, the consular office will decide the type of visa for the individual.

Requirements:

There are specific requirements that are needed by the individual to qualify for the American Visitor Visa. The individual must prove that the purpose of the trip to US is for business, pleasure or for medical treatment and that he/she plans to remain in the US for a specific period only. Also the individual must provide evidence of funds to cover expenses in the United States, evidence of compelling social and economic ties abroad, and that he/she has residence outside the U.S. and has other binding ties that will ensure the individual leaves US at the end of the visit period.

Application Process:

An individual should generally apply for American Visitor Visa at the U.S. Embassy or Consulate at their country. As there are many reviews after applying US visas, it is important to apply well in advance of the travel departure date.

First step in the visitor visa application process is the interview, where the fingerprint scan will also be taken. Interview is necessary for individuals who applied for US Visas from age 14 through 79, with few exceptions. Those individuals aged 13 and younger and aged 80 and older do not require an interview, unless they are specifically requested by embassy or consulate. Visa wait times for interview appointments and visa processing time information will vary depending on each US Embassy or consulate. Then the individual must pay the required fee and submit the supporting documents

Once American Visitor Visa has been approved, the Customs and Border Protection (CBP) will then decide whether the he/she will be allowed to enter US and also the length of the stay in the Form I 94 (Arrival Departure Record)

When do I need to fill out an Affidavit of Support?

September 22, 2010 Leave a comment

Immigrants who are applying to obtain a Green Card through a family member must submit an I-864, Affidavit of Support form. The Affidavit of Support form is used to show the USCIS that a Green Card applicant has a financial sponsor and has enough financial support to live without concern of becoming dependent on U.S. government welfare.

Form I-864 is legally required for many family-based and some employment based immigrants to show that, when they plan to immigrate to the US, they have adequate means of support. Generally, the following immigrants need an Affidavit of Support namely:

  1. Family based immigrant visa applicants, including certain orphans, and
  2. Employment based immigrant visa applicants whose relative filed the visa petition or has at least 5 percent or more ownership interest in the business that filed the petition.

So who qualifies as a sponsor in the I-864, affidavit of support case?

A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor should also have a domicile (residence) in the United States. The petitioner who is residing abroad should have a principal residence in the U.S. and intend to maintain that residence in the future. Lawful permanent resident sponsors should show they are maintaining their permanent resident status.

Many U.S. citizens and permanent residents reside outside the United States on a temporary basis, usually for work or due to family situations. This “Temporary” status will cover an extended period of residence abroad. Certain conditions need to be fulfilled by the sponsor living abroad to be considered domiciled in the United States.

An American citizen or permanent resident spouse or his /her dependent who has maintained a residence in the U.S. and/or whose spouse/parent works would also qualify as a sponsor related to the I-864, Affidavit of Support form.

Often, applicants get confused with the Form I-864 and Form I-134. The I-134 (affidavit of support) is not a legally binding affidavit, it is used for non-immigrant visas. Until you marry (and subsequently file for Adjustment of status), the non US Citizen fiancé(e) will hold a non immigrant visa. This allows them to get into the US before having a legal relationship with the US Citizen fiancé(e).

Whereas the I-864 (Affidavit of Support) is a legally binding contract proving that the sponsor will be financially responsible for the immigrant in the event the immigrant attempts to benefit from certain federal aid programs. This form is filed at the Adjustment of Status part of the journey (after the Non US Citizen has traveled to the States and got married). This form is several pages long, demands detailed financial information, and is legally binding.

Although USCIS does not charge a fee for this I-864 form, a $70 fee is charged by the Department of State when the Affidavit of Support form is reviewed domestically. Whereas it does not apply when the Affidavit of Support is filed abroad.

The National Visa Center processes the immigrant visa petitions after the USCIS approves them. A bill will be sent to the petitioner by the National Visa Center asking him/her to pay an AoS processing fee when the immigrant visa case is current or about to become current, Instructions on where and how to pay the bill will be sent along with the bill.

The Rights of Being a Lawful Permanent Resident

September 17, 2010 3 comments

Applying for a green card :

There are different ways to get a permanent resident status. A family member who is a US citizen or permanent resident can sponsor you for a green card. Else, you can also get one through the Diversity Visa lottery program that is held every year. Approximately 55,000 applicants are randomly selected every year subject to certain eligibility conditions. You can also get a green card through employment. Here a qualified US employer needs to sponsor you. A person granted Refugee Status or Asylum may also apply for a Green Card. Like there are many ways to get a greencard, the process and procedures vary too.

Green card holders are known as lawful permanent residents (LPR). We need to understand that a green card is just a privilege and not a right as you may lose this status under a few circumstances. Plainly, it is not enough to just get a green card, you need to maintain it. Per immigration laws, you need to carry evidence of your status in the US at all times.

Benefits of being a green card holder :

As a green card holder, you can apply for government sponsored financial aid for educational purposes. You can pay less tuition fee in universities and colleges. This is also known as “in-state” tuition or “resident” tuition. Savings in most cases are three to four times lower than what foreigners pay. Additionally, as a green card holder, you are permitted to work in any company located in U.S. territory regardless of job function, hours/week, etc. except for some companies that only hire U.S. citizens. And you need not worry about employer sponsorship either. Some jobs require security clearance that only green card holders and U.S. citizens can get. Therefore, a green card provides more job opportunities.

Green card holders have the permission to start their own business and create own corporation. Social security is another benefit you will get when you retire, ie if you had worked for 10 years (40 quarters to be precise) before your retirement. Also, you can sponsor your spouse and unmarried minor children under 21 for them to get permanent resident status in the United States. In this case, the green card that you got for your family will still be valid even if you lose your job or pass away.

If you have a work permit, your spouse and minor unmarried children under 21 can stay in the U.S. as dependents. Even if you have a work permit, your kids have to get student visas to study and work visas to work. But, once they get a green card, they are allowed to stay in the U.S. even after turning 21 and even if they get married.

Another feature is that you will have access to security clearances. You will also be eligible for government grants and be exempted from export restrictions. You have the privilege of most legal rights under U.S. law, except for voting right which is only for U.S. citizens. You will be eligible to apply for U.S. citizenship at a later stage, once you fulfill the eligibility requirements needed while applying for US citizenship. It is not mandatory that you take U.S. Citizenship. You can be a green card holder forever. If your current country allows dual citizenship, you can get U.S. citizenship without giving up your current nationality.

What is Form I-539?

September 15, 2010 32 comments

The form I-539 ( Application to extend/change non-immigrant status) is used by people in the US who wish to change their status from one non- immigrant status to another or to extend their stay. In certain situations the applicant may use this form to apply for initial non-immigrant status. Students who have non-immigrant F1 and M1 visas may also use this form to apply for reinstatement.

Application to extend/change non-immigrant status:

The form I-539 must be filed before the current authorized stay expires. The law requires the form I-539 to be filed at least 45 days before the stay expires or when the applicant determines the need to change the status.

If the applicant files the Form I-539 to change status or extend the stay after the stay expires, he/she may be justified when the applicant provides an explanation that the delay in filing the petition is reasonable such as,

- the delay was due to unavoidable circumstances
- have not violated the status in anyway
- still a bona-fide non-immigrant
- not in removal proceedings

Who may file:

Individuals who are in the non-immigrant status in the United States such as B1 and B2 visitors, E2, E3 visitors,Vocational, academic and non-academic students, J1 exchange visitors, Dependents of temporary workers in H1 status, Dependents of religious workers in R status, Spouse and children of Permanent Residents in V status, Workers and dependents in TN status can petition to extend their stay.

An individual is eligible to file form I-539 to change the status only when he/she

- has entered US lawfully with a non-immigrant visa,
- has a non-immigrant visa that is still valid,
- does not have any criminal background,
- has not committed any other crime to violate the non-immigrant status.

Spouse and children (unmarried and under 21 years of age) of the individual may be included in the application only when they are in the same status as that of the applicant or in the derivative status.

Who may not file:

Individuals who were admitted under Visa waiver program and those who are in a transit (with or without a visa), crewmen or a fiancé(e) or dependent of a fiancé are not eligible to apply for extension of stay or change their status.

Processing Information:

The eligible applicants must complete and send the Application to extend/change non-immigrant status to USCIS along with required evidence and relevant fees. After USCIS receives the petition, they will check for completeness. USCIS may require more information from the applicant and may request the applicants to appear for an interview. At the interview the original evidences will be checked for eligibility. The approval of the Form I-539 will be determined by the applicant’s eligibility, based on the purpose of the petition and the reasons for changing status or extension of their stay. If the petition is for extension of stay, the period of extension will be decided by the USCIS. A petition will be denied by USCIS if there are circumstances for an unwarranted extension. The applicants will be notified by a notification letter from USCIS on the approval of the petition.

Reasons Why you Need to Renew your Green Card

September 10, 2010 Leave a comment

A permanent resident is the one who is granted authorization to live and work permanently in the United States. As a proof of the permanent resident status the individual is given an identification or an authorization card which is commonly called as Green Card.

A Green Card is said to be valid for ten years and must be renewed before the expiration date. Certain green cards will not have an expiration date. Although these green cards do not have an expiration date, the law requires all cards to be updated to the new version. The latest green cards have an expiration date and are required to be renewed every ten years as this will make the USCIS to improve the card with additional features like updating the photographs to avoid fraud.

If the Green Card is obtained through marriage to a US Citizen or a permanent resident, it is called as Conditional Green Card. The Conditional Green Card is valid for two years and must be renewed before the conditional resident status expires. To remove the conditions on the green card the form I 751 is used.

How to renew your green card

Permanent Residents whose Green Cards have already expired or will expire shortly must renew the green card. If one fails to renew the Green Card he may experience difficulties in employment, be barred from reentry into United States until a new card is obtained, restricted from other benefits, and is said to be as Out of Status. Although the person with an expired green card will not lose his permanent residence status, he is required by the law to hold a valid green card.

Reasons to Renew Green Card:

An individual must adopt the green card renewal process , if

• the green card was valid for 10 years and is expiring or has expired

• he/she has been a permanent resident of the United States and now taken up Commuter status;

• he/she has been in a Commuter status and now taking up residence in the U.S.;

• the status has been converted automatically to a permanent resident status;

• he/she has an old edition of the card;

Green Card Renewal process:

To renew the green card the form I90 ( Application to Replace/Renew Green Card) must be filed by the applicant. The completed applications must be sent to USCIS along with the supporting documents and relevant fees.

Every green card renewal application must be included with the required supporting documents such as,

  • Photocopies of the front and back of the Expired or Expiring Green Card
  • Personal Identification document such as a State Driver’s license card or a valid passport

Once the application for green card renewal has been received by the USCIS, they will check if all the required evidence provided are correct and complete. USCIS may then request for more information and might require the applicants to appear for an interview . If the Green Card Renewal application is approved, the new Green Card will be mailed to the applicant. If the application is denied, USICS will send in writing the reason for rejection of the application.

About Green card Renewal Form

September 8, 2010 2 comments

Being a Green card holder (permanent resident card) is a proof of being officially granted immigration benefits to live and work in the United States legally. You can work and live in the US permanently.

Form I-90 for green card renewal :

Normally, a permanent resident card (green card) is valid for ten years. You need to go through the green card renewal process by filing Form I-90, Application for green card replacement with the USCIS. If your green card has already expired, make sure you renew your card at the earliest. Those renewing expired green cards will not be penalized. The same form is used when you want to change any biographic information on your card i.e if your name has changed because of marriage and also when you lose your card and need a green card replacement. Also, you will not lose your permanent resident status if you do not renew your green card. Permanent resident status does not expire.

However, per immigration laws, you need to carry evidence of your status (a valid, unexpired green card or temporary passport stamp). If you do not renew your expired / expiring card, you may experience difficulties in obtaining employment, benefits and re-entry into the US from abroad. Always, apply for your new green card before you travel and bring with you on any trip the temporary documentation you received. If, after traveling abroad, you try to re-enter the US with an expired green card, you may experience a delay during the inspections process at the port of entry,

Also, your employers will not accept an expired green card to verify employment authorization for new hires. You can use alternate documents that you will find on the Form I-9 (Employment eligibility verification form) such as social security card and driver’s license or have temporary evidence of status, such as an I-551 stamp or even the receipt notice for your Form I-90, Application to replace permanent resident card.

A conditional permanent resident is different from a permanent resident. A conditional resident will get a card that is valid only for two years. One has to remove the conditions during the 90 day period before the card expires and this card cannot be renewed. The conditions must be removed else you will lose your status. One has to file Form I-751 to remove the conditions on residence. Once conditions are removed, you will get a permanent resident card that will be valid for the next ten years.

Once you send completed I-90 application to the USCIS, you will to receive an Application Receipt Notice with a 13-character Application Receipt number within 30 days. This proves that USCIS has received your application and that it is being processed. You can check the status of your application with this receipt number. You also will be informed about the dates for fingerprinting and subsequently, your interview date with instructions related to the supporting documents you need to bring. The entire green card renewal process approximately takes three months.

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