What is the Purpose of Form I-140?

If you are one among those who wish to work in the US permanently, then here we go. Not many know the fact that they can be sponsored a green card by an employer. The form I-140 is a petition filed by the US employer for a foreign national to work in the US on a permanent basis. Form I140 can also be used to self petition by some highly qualified foreign professionals.

Documents that Accompany Form I-140:

Generally Form I-140 is filed by the US employer and is usually the second step in the green card process. For most cases the labor certification must be approved. The labor certificate should certify that there are no US workers qualified to do the job where the alien is presently working and if qualified that the wages of the employed US workers will not be affected .

The employer should prove that he is in good financial position and can provide enough salary as advertised for the job. The following documents should be provided along with the completed form I-140 application.

• Labor certification that is approved

• A financial statement proving that the employer’s financial position

• Employee’s experience letters at the previous employments from the concerned employers

• Degree certificates, qualification certificates and other documents proving the educational qualification.

• The required fees along with the filled form I 140

The visa petition when submitted to the USCIS should always include details of whether the petition from the beneficiary is being filed at an American Consulate for an immigrant visa or whether the beneficiary will apply for an adjustment of status with the USCIS.

Once the application is completed it has to be mailed along with the necessary supporting documents to the USCIS. After the USCIS receives the form I-140 petition, an Application Receipt Notice will be sent which will have a file number to the case. This receipt is proof or an acknowledgment that the USCIS has received your petition. On approval of the petition by the USCIS an Approval Notice will be issued which is an assurance that the petition is approved by the USCIS and then comes the green card process.

Though the application is approved, it does not change the non immigrant status of the applicant. The status will remain the same as before the petition was approved. The petition’s approval relies on the applicant’s job and if there is a change in the job a new form I140 is required. The beneficiary of this approved petition will then have to apply to adjust status or for an immigrant visa.

Further, a major advantage is that Form I-485 can be concurrently filed with form I-140. If the form I 140 is filed already with the application notice, form I-485 can be filed along with Employment authorization and Advance parole. The option of E filing is also available while filing the form I-140 in which case it will automatically be sent to appropriate Service Center. Once the from I 140 is accepted, it will be checked for completeness and in case of any incomplete information there is a possibility of denial of the application.

Getting a petition approved is not a big task, but the follow up tasks are much more important for which a proper guidance is essential. With proper direction the process can indeed be more faster and easier as well.

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-1 visa and must file form I 20 and non – academic students are issued M-1 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.

How can I Adjust my Status?

Adjustment of Status refers to the process through which a non–immigrant (who is already in United States) becomes a permanent resident. The individual may apply for adjustment of status without having to leave the country and apply from his or her home country. The adjustment of status is a lengthy process and most people choose to leave the country and go through the consular processing at the US Embassy or consulate abroad.

Individuals who wish to adjust their status while being inside United States must file the form I-485, Application to Register Permanent Residence or Adjust Status. To apply for adjustment of status, you must meet the requirements set forth by the immigration law.

Who may file?

If you have a family living in the US, the family has to petition the USCIS (United States Citizenship and Immigration Services) on your behalf to adjust your status. If you want to adjust your status because of your employment, you must submit an application for adjustment of status along with your application for a green card. When you file the form I-485 to adjust your status based on your employment, your US employer must provide certification that you will be employed permanently. If you entered the United States on a Fiancée Visa and you married your fiancée (or fiancé) within the required 90-day period, you may adjust the status because you are now married. A child who entered the United States under such visa (K-2 visa) may also apply for adjustment of status based on the parent’s adjustment of status.

You may also apply for adjustment of status based on an immigrant petition, based on being the spouse or child when the principal applicant is granted permanent resident status in an immigrant category that allows derivative status for spouses and children, based on admission as the fiancé of a U.S. Citizen and subsequent marriage to that citizen

You may not file the form I485 to adjust your status, if you entered United States in transit or without a visa, or you were not admitted into the United States following inspection by an immigration officer, or you were employed in United States without the authorization of the USCIS, or you failed to maintain your non – immigrant status and various other reasons where USCIS decides you are not eligible to apply for adjustment of status.

You may remain in the United States under the rules of adjustment of status. This is possible when you are gathering all the documents required to file Form I-485. You may also obtain a work permit when you file Form I-485 to adjust your status and have travel documents so that you can travel outside the country during the waiting period.

After you submit your application, USCIS will review it . Any Form I-485 that has been submitted to USCIS and is not correct or not accompanied with the correct fee and required documents, USCIS might reject the application. You are then required to gather all the supporting documents and provide correct information and resubmit the application for approval notice. USCIS will then request you to appear for an interview. You will be notified in writing on the approval. The decision on your application depends on your eligibility for adjustment of status.

What is Adjustment of Status?

If you are already in the US and are eligible to apply for a green card based on being sponsored by an employer or family member or based on holding asylee or refugee status, you can apply for adjustment of status by filing Form I-485 with the USCIS. If you are abroad, you need to go through consular processing at the embassy in your country.

Applying for Adjustment of Immigration Status :

In simple terms, if you are currently in the U.S. and have an approved immigrant petition, you will be eligible to file an application to adjust status to a permanent resident of the US. Unless you are applying in a category for which visa numbers are always available, you must have a “current” Priority Date in order to be eligible to file. Priority date is the date that your immigrant petition is filed. The Department of State publishes a monthly Visa Bulletin that informs applicants when their Priority Date is current. You should wait for your Priority Date to become current before you can apply for a green card.

If you are applying based on your relationship with a U.S. Citizen, then the spouse, the parent or child may be eligible to file the adjustment of status application at the same time that the immigrant petition is submitted. Additionally, if you are an individual who held asylee or refugee status for one year or more, even you will be able to file for adjustment of status. However, if you are outside the U.S., you cannot file an adjustment of status application. In such cases, you can get green card status by applying for an immigrant visa at a U.S. consulate in your country. The I-485 form can also be used by certain Cuban nationals to request a change in the date that their permanent residence began in the US.

You need to file Form I-485 with the needed supporting documents and fees with the USCIS. If you are 79 years of age or older, you will not be charged a biometric fee. If you are filing this form on the basis of being admitted to the United States as a refugee, then you need not pay any fee. After you send the adjustment of status application to the USCIS, and while it is being processed, you can travel outside the United States. But you need to get advance permission called Advance Parole to return to the U.S.

After processing, if your application is denied, USCIS will send you a letter that will tell you why the application was denied. Currently, if you are not in a legal status in the US, the process to remove you from the country will begin as soon as your application is denied. In such a case, you can have an immigration judge review the denial of your application during removal proceedings. During this review, Immigration officials should prove that the facts on your I-485 application were untruthful and that your application was rightly denied. After this, if the immigration judge decides to remove you from the country, you can still appeal this decision. Normally, you can appeal within 33 days after the immigration judge decided to remove you from the country.

Form N-400, Application for Naturalization

An immigrant can become a US citizen either by birth or through Naturalization. Naturalization is generally referred to as the procedure through which a person not born in the United States voluntarily becomes a U.S. Citizen. Immigrants who wish to get US citizenship should file Form N 400, Application for Naturalization.

Who Can File N-400 Form for Citizenship?

You need to meet certain eligibility requirements before filing Form N 400. You should be 18 years or older and a permanent resident (Green Card holder) now and during all of the past 5 years.

You must reside in the United States for a continuous period before filing the naturalization application. If you are not married to an American citizen, you should reside 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 must reside in the U.S. for a continuous period of three years following 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. However, it may not affect your ability to return to the U.S. as a permanent resident. An absence from the U.S. of less than six months does not break your continuity of residence in the U.S. for naturalization purposes. However, if you are absent from the U.S. for a period of six months or more it breaks the continuity of your residence. If the break is between six months and one year, the break can be excused if a reasonable explanation can be given for your absence (e.g. overseas employment). If the break is for over a year, the continuity of your residence can be preserved and the break excused, if steps are taken prior to your trip abroad to preserve the residence and if you meet certain qualifications. Buy DVD on Naturalization test and interview.

Additionally, you should have met your physical presence requirements too. It means that you have actually been in the United States. Mostly, you must be physically present in the United States for a certain number of months to be eligible for naturalization. Prior to applying, you should have resided in your current state for at least 3 months. It is the state where you are submitting the application for naturalization.

Most importantly, you should not have broken any immigration law and you should not have been ordered to leave the United States. You should also prove at least 5 years of good moral character. In order to file Form N 400, you should take an English language test and a Civics test. Generally, form N 400 applicants must establish to the satisfaction of the interviewing officer that they are able to read, write and speak basic English and that they have basic knowledge of US history and government. If you have a medically determinable physical or mental impairment, where it affects your ability to learn English and Civics, you can be exempted. And finally you should be prepared to take an oath of allegiance to the United States.

What is the USCIS?

The U.S. Citizenship and Immigration Services (USCIS) is the federal agency assigned in overseeing the lawful immigration of foreign nationals who are temporarily or permanently settling in the United States and is responsible for granting or denying immigration benefits to those individuals.

The U.S. Citizenship and Immigration Services (USCIS) was established on March 1, 2003 and is under purview of the Department of Homeland Security (DHS). Before that date, the Immigration and Naturalization Service (INS) was responsible for all things related with immigration, including administrative and investigative functions.

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