Green Card

Who is a Green Card Holder (Permanent Resident)?

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “Green Card.” You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.

A Green Card (Permanent Resident Card):

  • Gives     you official immigration status in the United States
  • Entitles     you to certain rights and responsibilities
  • Is required if you wish     to naturalize as a U.S. Citizen

The steps to becoming a Green Card holder (permanent resident) vary by category and depend on whether you currently live inside or outside the United States. The main categories are:

· Green Card Through Family

Many people get Green Cards (become permanent residents) through family members. You may be eligible to get a Green Card as:

·  an immediate relative of a U.S. citizen, this includes spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older

· a family member of a U.S. citizen fitting into a preference category, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older

·a family member of a green card holder, this includes spouses and unmarried children of the sponsoring green card holder

·a member of a special category, this can include battered spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a U.S. Citizen

Green Card through a Job

The main ways to immigrate based on a job offer or employment are listed below:

Green Card through a Job Offer: You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

Green Card through Investment: Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. 

Green Card through Self Petition: Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver. 

Green Card through Special Categories of Jobs: There are a number of specialized jobs that may allow you to get a green card based on a past or current job, such as:

·         Afghan/Iraqi Translator

·         Broadcaster

·         International Organization Employee

·         Iraqi Who Assisted the U.S. Government

·         NATO-6 Nonimmigrant

·         Panama Canal Employee

·         Physician National Interest Waiver

·         Religious Worker

All of these require a Form I-360, Petition for American, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA).

In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.”

If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you. 

Green Card through Refugee or Asylee Status

Refugees and asylees can apply for a green card.

If   you were

Then   you may apply for permanent residence

admitted to the  United States as:

·a refugee

·a qualifying family member of an asylee

1 year after  your entry into the United States

 granted asylum  in the United States

1 year after  the grant of your asylum status

 Note: As a refugee, you are required by law to apply for permanent resident status 1 year after being admitted to the United States. As an asylee, you are not required to apply for permanent resident status after being granted asylum for 1 year, although it may be in your best interest to do so.

For more information on how refugees, asylees, and their family members can apply for green cards see:

· Green Card for a Refugee: Explains the refugees eligibility criteria and application process for a green card.

· Green Card for an Asylee: Explains the aslyees and their family members eligibility criteria and application process for a green card.

 Other Ways to Get a Green Card

Although most immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are other ways a Green Card (permanent residence) can be obtained, such as the:

· Diversity Immigrant Visa Program (referred to by many as the ‘Green Card Lottery’)

·         K Nonimmigrant (includes fiancé(e))

·         Legal Immigration Family Equity (LIFE) Act

·         Special Immigrant Juvenile (SIJ) Status

Additional programs include:

Special Categories of Family

·         Battered Spouse or Child (VAWA)

·         Person Born to a Foreign Diplomat in the United States

·         Widow(er) of a U.S. Citizen

·         V Nonimmigrant

          Special Categories of Jobs

·         Afghan/Iraqi Translator

·         Afghan Who Assisted the U.S. Government

·         Armed Forces Member

·         International Organization Employee

·         Iraqi Who Assisted the U.S. Government

·         NATO-6 Nonimmigrant

·         Physician National Interest Waiver

·         Religious Worker

           Other Green Card Programs

·         Amerasian Child of a U.S. Citizen

·         American Indian Born in Canada

·         Cuban Native or Citizen

·         Haitian Refugee

·         Help HAITI Act of 2010

·         Informant (S Nonimmigrant)

·         Indochinese Parole Adjustment Act

·         Lautenberg Parolee

·         Nicaraguan and Central American Relief Act (NACARA)

·         Registry

·         Victim of Trafficking (T Nonimmigrant)

           Apply for a Green Card

Eligibility

You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions. In some cases, you may even be able to self-petition or have a record created for permanent residence on your behalf. In general, to meet the requirements for permanent residence in the United States, you must:

·  Be eligible for one of the immigrant categories established in the Immigration and Nationality Act (INA)

· Have a qualifying immigrant petition filed and approved for you (with a few exceptions)

·Have an immigrant visa immediately available

· Be admissible to the United States

Eligibility for an Immigrant Category

Individuals who want to become immigrants (permanent residents) through their qualified family member, a job offer or employment, or a special category will generally be classified in categories based on a preference system. Except for immediate relatives of a U.S. citizen who are given the highest immigration priority and a few other exceptions, Congress has set a finite number of visas that can be used each year for each category of immigrants. The general categories are listed below. For more specific information under each general category, see the links to the left.

Family Based

Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:

·         Parents of a U.S. citizen

·         Spouses of a U.S. citizen

·         Unmarried children under the age of 21 of a U.S. citizen

Note: U.S. citizens must be at least 21 years old to apply for their parents.

The qualified relatives of a U.S. citizen or permanent resident in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories include:

·         First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens

·         Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents

·         Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents

·         Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children

·         Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children

Job or Employment Based

People who want to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa abroad, when an immigrant visa number becomes available according to the following employment based preferences:

·         First Preference: Priority Workers, including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers

·         Second Preference: Members of professions holding an advanced degree or persons of exceptional ability (including individuals seeking a National Interest Waiver)

·         Third Preference: Skilled Workers, professionals and other qualified workers

·         Fourth Preference: Certain special immigrants including those in religious vocations

·         Fifth Preference: Employment creation immigrants (investors or entrepreneurs)

Based on Refugee or Asylum Status

If you were admitted to the United States as a refugee or the qualifying spouse or child of a refugee, you are required to apply for permanent residence (a green card) 1 year after your entry into the United States in this status. If you were granted asylum in the United States or are a qualifying spouse or child of an asylee, you may apply for permanent residence 1 year after the grant of your asylum status.

If you are a refugee, you are required by law to apply for a green card 1 year after being admitted to the United States in refugee status.

If you are an asylee or asylee derivative spouse or child, you are not required to apply for a green card 1 year after being granted asylum or 1 year after being admitted to the United States in asylum status, although it may be in your best interest to do so.

Other Ways

Although most immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are many other ways to get a green card.

A number of special immigrant programs are limited to individuals meeting particular qualifications and/or applying during certain time frames.

Immigrant Petition

Immigrants in most categories will need an immigrant petition (Form I-130, Petition for Alien Relative, Form I-140, Immigrant Petition for Alien Worker, Form I-360, Petition for American, Widow(er), or Special Immigrant, or another petition) filed on their behalf.

A petition establishes the underlying basis for your ability to immigrate and determines your immigrant classification or category. Some categories of immigrants may be able to self-petition. Most people immigrating based on humanitarian programs are exempt from the petition requirement.

Some immigrant petitions can be filed at the same time as the adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status), known as “concurrent filing” while other categories of immigrants will be required to wait until they have an approved petition before being allowed to apply for adjustment of status or an immigrant visa

Visa Availability

A visa is always available for immediate relatives of U.S. citizens. If you are in a family or employment based preference category, visa availability is determined by:

·         Your priority date

·         The preference category you are immigrating under

·         The country the visa will be charged to (usually your country of citizenship)

The Department of State is the government agency that controls visa numbers. The annual limits for visa numbers are established by Congress and can be referenced in the Immigration and Nationality Act (INA).

First, a priority date will be assigned to you based on your immigrant petition filing date (the date that the petition is properly filed with USCIS) or, in certain employment-based cases, the date the application for a labor certification was accepted by the Department of Labor. Your priority date holds your place in line for an immigrant visa.

This date, along with your country of nationality and preference category, determines if or how long a person will have to wait for a visa to be immediately available. When USCIS officials are ready to approve an applicant for permanent residency in a visa category that has limited numbers, we must first request a visa number from the Department of State.

When a visa is available, you may file Form I-485, Application to Register Permanent Residence or Adjust Status (if you are in the United States) or apply for an immigrant visa abroad (consular processing). If you are consular processing, USCIS will forward your approved petition to the Department of State’s National Visa Center who will contact you when your priority date is about to become current as to what your next steps are and when you may apply for an immigrant visa abroad.

Admissibility to the United States

All persons applying for an immigrant visa or adjustment of status must prove to the satisfaction of immigration or consular officials that they are admissible (eligible for admission) to the United States.

There are many grounds of inadmissibility that could potentially cause someone to be ineligible to become a permanent resident. For instance, there are health-related, criminal, security-related, and other grounds USCIS must consider.

In some cases and in certain situations, if you are found inadmissible to the United States you may be eligible to file a waiver on Form I-601, Application for Waiver of Ground of Inadmissibility, (the form required for most immigrants) or I-602, Application By Refugee For Waiver of Grounds of Excludability (the form required for refugees and asylees) to excuse your inadmissibility.

The grounds of inadmissibility are determined by the particular category under which you are immigrating. If you are ultimately found inadmissible to the United States, your adjustment of status application (Form I-485) or immigrant visa application will be denied. Congress has set the grounds of inadmissibility and they may be referenced in Section 212 of the Immigration and Nationality Act.

After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by USCIS.

  • If you are eligible, file Form I-485 - Application to     Register Permanent Residence or Adjust Status with USCIS, including all     supporting documents and fees.
  • USCIS will review your application and     schedule an interview with you. 
  • Once     issued, your green card will be valid for 10 years.

 Renewal of Green Card

How to Apply To Renew a Green Card

If you are a permanent resident whose 10-year green card has expired or will expire within the next 6 months, you may begin the renewal process by:

·         Online E-Filing Form I-90, Application to Replace Permanent Resident Card.

·         Filing a paper Form I-90, Application to Replace Permanent Resident Card by mail.

 

How to Renew a Green Card If You Are Outside the United States

If you are outside the United States and your green card will expire within 6 months (but you will return within 1 year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

If you are outside of the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest U.S. Consulate, USCIS office, or U.S. port of entry before attempting to file Form I-90 for a renewal green card.  

 

When to Renew a Green Card

You should renew your green card if you are a permanent resident with a Form I-551 valid for 10 years and the card is either expired or will expire within the next 6 months.

Note: If you are a conditional resident and your status is expiring, these instructions do not apply to you. In that case, you must use Form I-751, Petition to Remove the Conditions on Residence, to apply to remove the conditions on your permanent resident status. For more information, see our Conditional Permanent Residence webpage.

How to Appeal If Your Application Is Denied

If your application for renewing your green card is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing such a motion, you may ask the USCIS office to reexamine or reconsider its decision.

A motion to reopen must state the new facts that you would provide if your case is reopened and must include appropriate documentary evidence. A motion to reconsider must establish that the decision to deny your application was based on incorrect application of law or immigration policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.

 Versions of Green Card That Are No Longer Valid

If you have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151), you must replace it with a current green card.

What the Law Says

Section 264 of the Immigration and Nationality Act (INA) states, “Every alien in the United States … shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . ..” It also says, “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him …. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor  …” The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5.

 Replacement of Green Card

 How to Apply to Replace Your Green Card

If you are a permanent resident who needs to replace your green card or a conditional resident who needs to replace your two-year green card for any of the reasons listed below, you may begin the application process for a replacement green card by:

· Online E-Filing Form I-90, Application to Replace Permanent Resident Card.

· Filing a paper Form I-90, Application to Replace Permanent Resident Card by mail.

If you are outside the U.S. and have lost your green card, contact the nearest U.S. consulate, USCIS office or port of entry before attempting to file a Form I-90. If your Form I-90 application is approved, you will be mailed a replacement green card with a 10-year expiration date from the date it is issued.

 When to Replace a Green Card

You will need to replace your green card if:

· Your previous card was lost, stolen, mutilated or destroyed

·  Your card was issued to you before you were 14 and you have reached your 14th birthday (unless your card expires before your 16th birthday)

· You have been a commuter and are now taking up actual residence in the United States

· You have been a permanent resident residing in the United States and are now taking up commuter status

· Your status has been automatically converted to permanent resident status (this includes Special Agricultural Worker applicants who are converting to permanent resident status)

· You have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151 – all no longer valid to prove your immigration status) and must replace it with a current green card

· Your card contains incorrect information

· Your name or other biographic information on the card has been legally changed since you last received your card, or

· You never received the previous card that was issued to you by U.S. Citizenship and Immigration Services (USCIS)

 

How to Appeal If Your Application Is Denied

If your application for a replacement green card is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing such a motion, you may ask the office to reexamine or reconsider its decision.

A motion to reopen must state the new facts that you would provide if your case is reopened and must include appropriate documentary evidence. A motion to reconsider must establish that the decision to deny your application was based on incorrect application of law or immigration policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.

 What the Law Says

Section 264 of the Immigration and Nationality Act (INA) states, “Every alien in the United States … shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . .” It also says, “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him …. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor…” The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5.

 Beware of Scams

If you are not familiar with the immigration, visa or green card process, scammers will try to take advantage of you by getting your personal information or your money.

 Authenticate Documents

You can present a legal document issued in the United States for use in another country. These documents can include court orders, contracts, vital records, and educational diplomas.

The process to get a document authenticated depends on the specific document, the state in which it was issued, and other factors. Check with your state’s Document Authentication Agency (DAA) and the Authentications and Apostilles page from the Department of State (DOS).

 

 

Diversity Immigrant Visa Lottery Program

The United States’ Diversity Immigrant Visa (DV) Lottery program allows for up to 50,000 immigrant visas to be awarded each year. It gives foreign nationals of countries that have low rates of immigration to the U.S. an opportunity to participate in a random drawing for the potential of getting an immigration visa.

  Eligibility Requirements

Also known as the Green Card lottery, the DV program makes a limited number of immigrant visas available every year to people meeting certain eligibility requirements:

  • You must be a foreign citizen from a     country with a low immigration rate to the United States. Each year, the     U.S. Department of State puts out a list of eligible and ineligible     countries. The list of countries may change each year.
  • You     must have graduated from high school or its equivalent or have qualifying     work experience.

Fraud Warning

The State Department wants DV lottery participants to know about scams involving fraudulent email and letters sent to DV program applicants. The U.S. government is the exclusive operator of the DV program. It may send you an email reminding you to check the status of your entry, but it will not contact you by email or letter to let you know if you are a winner. You have to check online yourself. The U.S. government will also never ask you to pay for your visa in advance by wire transfer, money order, or check.

 

Sponsor a Foreign Spouse, Future Spouse, or Relative

Your status determines who you can bring (sponsor) to live and work in the United States.

If you are a U.S. citizen, you can sponsor:

  • Your foreign     spouse or fiancé(e)
  • Your foreign     children
  • Certain     immediate relatives, such as parents or siblings

If you are a permanent resident, you can sponsor:

  • Your foreign spouse
  • Your     unmarried children (regardless     of age)

If you are a refugee or asylee within the past two years, you can petition for certain family members to obtain refugee or asylee status.

If you or a member of your family is in the U.S. military, you may petition for citizenship for family members.

 

Travel Documents for Foreign Residents Returning to the U.S.

If you have a Permanent Resident Card (Green Card), or are a foreign citizen living in the U.S., you may need additional documents to return to the U.S. after traveling abroad. Obtain these necessary documents from United States Citizenship and Immigration Services (USCIS) before your trip:

            Permanent and Conditional Residents

     
  • Apply for a re-entry permit      using Form I-131 - Application for Travel Document.
  •  
  • The      permit is valid for two years from the date of issue for Permanent      Residents; up to two years for Conditional      Residents.
     
  • No additional document is required.
  •  
  • Show      your Green Card upon your return.

 

 

      Rights and Responsibilities of a Green Card Holder (Permanent Resident)

Your Rights as a Permanent Resident

As a permanent resident (green card holder), you have the right to:

·         Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law

·         Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)

·         Be protected by all laws of the United States, your state of residence and local jurisdictions

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

·         Required to obey all laws of the United States the states, and localities

·         Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities

·         Expected to support the democratic form of government and not to change the government through illegal means

·         Required, if you are a male age 18 through 25, to register with the Selective Service

·          

·Author Name
DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

68��1|j@Z

February 28th 2017

Exchange Visitor Visa

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Exchange visitor (J-1) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.

Exchange Visitors cannot travel on the Visa Waiver Program or with Visitor Visas 

 Exchange visitors who are citizens of Visa Waiver Program (VWP) participating countries are not permitted to travel without a visa on the VWP, if their purpose of travel is to participate in an exchange visitor program, as explained below. Visitors are not permitted to travel on business/tourist (B-1/B-2) visas if their purpose is to participate in an exchange visitor program. All exchange visitors must travel to the United States with exchange visitor (J-1) visas.

 Acceptance in Exchange Visitor Program

Before you can apply at a U.S. Embassy or Consulate for a J-1 visa, you must first apply for and be accepted into an exchange visitor program through a designated sponsoring organization. Visit the Department of State J-1 Visa Exchange Visitor Program website to learn about program requirements, regulations, and more.
When you are accepted into the exchange visitor program you plan to participate in, you will be enrolled in the Student and Exchange Visitor Information System (SEVIS). Most J-1 Exchange Visitors must pay the SEVIS I-901 Fee.

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply.

  Complete the Online Visa Application

· Online Nonimmigrant Visa Application, Form DS-160 (You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.

·Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format

Schedule an Interview

While interviews are generally not required for applicants of certain ages outlined above, consular officers have the discretion to require an interview of any applicant, regardless of age.

If you are age:

 Then an interview is:

13 and younger

Generally not required

14-79

Required (some exceptions  for renewals)

80 and older

Generally not required

You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at any U.S. Embassy or Consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence. 

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

·         Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.

·Nonimmigrant Visa Application, Form DS-160 

·Application fee payment receipt, if you are required to pay before your interview

·Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format

Certificate of Eligibility for Exchange Visitor Status, Form DS-2019 – A SEVIS-generated Form DS-2019 is provided to you by your program sponsor after the sponsor enters your information in the SEVIS system. All exchange visitors, including their spouses and minor children, must be registered in the Student and Exchange Visitor Information System (SEVIS). Each person receives a separate Form DS-2019.

Training/Internship Placement Plan, Form DS-7002 – In addition to the Form DS 2019, participants in the J-1 Trainee and Intern categories require Form DS-7002 (based on Box 7 on Form DS-2019).

Legal Rights and Protections

You must read the Legal Rights and Protections pamphlet to learn about your rights in the United States and protection available to you. Review this important pamphlet before applying for your visa.

Additional Documentation May Be Required

Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of:

The purpose of your travel;

 Your intent to depart the United States after your travel;

 Your ability to pay all travel costs; and/or

 Other documents the consular officer may request.

Evidence of your employment and/or your family ties may be sufficient to show the purpose of your travel and your intent to return to your home country. If you cannot cover all the costs for your travel, you may show evidence that another person will cover some or all costs for your travel.

Attend Your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying. 

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.

When the visa is approved, you will be informed how your passport with visa will be returned to you.

Two-year Home-Country Physical Presence Requirement

When you agree to participate in an Exchange Visitor Program and your program falls under the conditions explained below, you will be subject to the two-year home-country physical presence (foreign residence) requirement. This means you will be required to return to your home country for two years at the end of your exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act.

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home-country physical presence requirement if the following conditions exist:

Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor’s nationality or last residence;

Graduate medical education or training - The exchange visitor entered the United States to receive graduate medical education or training;

Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. 

Restrictions - When you, as an exchange visitor are subject to the two-year home-country physical presence requirement, you must return to your home country for a cumulative total period of at least two years before you can do any of the following:

·         Change status while in the United States to the nonimmigrant categories of temporary worker (H) or intracompany transferee (L);

·         Adjust status while in the United States to immigrant visa/lawful permanent resident status (LPR);

·         Receive an immigrant visa at a U.S. Embassy or Consulate; or

·         Receive a temporary worker (H), intracompany transferee (L), or fiancé (K) visa at a U.S. Embassy or Consulate.

Waiver of Two Year Home-Country Physical Presence Requirement - If you are not able to fulfill the home country presence requirement, you may be able to apply for a waiver. Select Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port of entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record.

 Additional Information: 

Exchange visitors have an additional 30 days after the program end date listed on Form DS-2019 for domestic travel in the United States and/or to prepare for and depart the United States.

Extending Your Stay

Failure to depart the United States on time will result in you being out of status. Under U.S. law, visas of travelers who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act). If you had a multiple entry visa and it was voided due to you being out of status, it will not be valid for future entries into the United States. 

Failure to depart the United States on time may also result in you being ineligible for visas you may apply for in the future.

Change of Status

 While in the United States, you may be able to request that U.S. Citizenship and Immigration Services (USCIS) change your nonimmigrant status to another nonimmigrant category.

 Requesting a change of status from USCIS while you are in the United States and before your authorized stay expires does not require that you apply for a new visa. However, if you cannot remain in the United States while USCIS processes your change of status request, you must apply for a visa at a U.S. Embassy or Consulate.

  Additional Information

·         We cannot guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.

 For information about employment, review Exchange Visitors and Employment Authorization on the USCIS website.

  Spouse and children

  Your spouse and unmarried, minor children may be able to apply for J-2 visas to accompany or join you at a later date to reside with you during your J program, if permitted on your exchange program category. While SEVIS fee payment is not required, your sponsor must issue them separate DS-2019 Forms, which are required when they apply for their visas, along with a copy of the primary visa holder’s J-1 visa and proof of relationship.

 o    Your minor children are permitted to attend school while in the United States on J-2 visas and are not required to obtain student (F) visas. 

 Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States. 

 Author Name

DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

February 28th 2017

Work Visa

Overview

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

Temporary worker visa categories    

Visa category                  

General description – About  an individual in this category:

H-1B: Person in Specialty  Occupation

To work in a specialty occupation. Requires a higher education degree  or its equivalent. Includes fashion models of distinguished merit and ability  and government-to-government research and development, or co-production  projects administered by the Department of Defense.

H-1B1: Free  Trade Agreement (FTA) Professional Chile, Singapore

To work in a specialty  occupation. Requires a post-secondary degree involving at least four years of  study in the field of specialization. (Note: This is not a petition-based  visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.) 

H-2A: Temporary Agricultural  Worker

For temporary or seasonal agricultural work. Limited to citizens or  nationals of designated countries, with limited exceptions, if determined to  be in the United States interest.

H-2B: Temporary  Non-agricultural Worker

For temporary or seasonal non- agricultural work. Limited to citizens  or nationals of designated countries, with limited exceptions, if determined  to be in the United States interest.

H-3: Trainee or Special  Education visitor

To receive training, other than graduate medical or academic, that is  not available in the trainee’s home country or practical training programs in  the education of children with mental, physical, or emotional disabilities.

L: Intracompany Transferee

To work at a branch, parent, affiliate, or subsidiary of the current  employer in a managerial or executive capacity, or in a position requiring  specialized knowledge.  Individual must have been employed by the same  employer abroad continuously for 1 year within the three preceding years.

O: Individual with  Extraordinary Ability or Achievement

For persons with extraordinary ability or achievement in the  sciences, arts, education, business, athletics, or extraordinary recognized  achievements in the motion picture and television fields, demonstrated by  sustained national or international acclaim, to work in their field of  expertise. Includes persons providing essential services in support of the  above individual.

P-1: Individual or Team  Athlete, or Member of an Entertainment Group

To perform at a specific athletic competition as an athlete or as a  member of an entertainment group. Requires an internationally recognized  level of sustained performance. Includes persons providing essential services  in support of the above individual.

P-2: Artist or Entertainer  (Individual or Group)

For performance under a reciprocal exchange program between an  organization in the United States and an organization in another country.  Includes persons providing essential services in support of the above  individual.

P-3: Artist or Entertainer  (Individual or Group)

To perform, teach or coach under a program that is culturally unique  or a traditional ethnic, folk, cultural, musical, theatrical, or artistic  performance or presentation. Includes persons providing essential services in  support of the above individual.

Q-1: Participant in an  International Cultural Exchange Program

For practical training and employment and for sharing of the history,  culture, and traditions of your home country through participation in an  international cultural exchange program.

 

Labor Certification 

Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.

Petition Approval 

Some temporary worker categories are limited in total number of petitions which can be approved on a yearly basis. Before you can apply for a temporary worker visa at a U.S. Embassy or Consulate, a Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and be approved by USCIS. Once the petition is approved, USCIS will send your prospective employer a Notice of Action, Form I-797.

When to Apply

The Embassy or Consulate may process your H, L, O, P or Q visa application up to 90 days prior to the beginning of employment status as noted on your I-797. However, when making your travel plans, please note that due to Federal regulations, you can only use the visa to apply for entry to the United States starting ten days prior to the beginning of the approved status period noted on your I-797.

How to Apply

 After USCIS approves the Petition for a Nonimmigrant Worker (Form I-129), you may apply for a visa. There are several steps in the visa application process. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. 

Complete the Online Visa Application

· Online Nonimmigrant Visa Application, Form DS-160 – You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.

·         Photo –You will upload your photo while completing the online Form DS-160. Your photo must be in the format

Schedule an Interview

While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.

If you are age:

Then an interview is:

13 and younger

Generally not required

14-79

Required (some exceptions for renewals)

80 and older

Generally not required

You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at any U.S. Embassy or Consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence. 

Gather Required Documentation

 

Gather and prepare the following required documents before your visa interview:

·Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.

· Nonimmigrant Visa Application,

· Application fee payment receipt, if you are required to pay before your interview.

· Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in

 Receipt Number for your approved petition as it appears on your Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797, from USCIS.

· L Visa Applicants – If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.

  Legal Rights and Protections

H-1B, H-2A, and H-2B visa applicants should read the Legal Rights and Protections pamphlet to learn about your rights in the United States and protection available to you. 

Additional Documentation May Be Required

Review the instructions on how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are qualified.   

All visa applicants, except H-1B and L, will generally need to show proof of compelling ties to your home country to demonstrate your intent to return after your temporary stay in the United States. Examples of compelling ties include:

·A residence abroad which you do not intend to abandon

· Your family relationships

·Your economic situation

·Your long term plans

Attend your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying. 

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.

When the visa is approved, you may pay a visa issuance fee if applicable to your nationality, and will be informed how your passport with visa will be returned to you.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record. 

 Extending Your Stay

You must depart the United States on or before the date indicated on your admission stamp or paper Form I-94, unless your request to extend your stay is approved by USCIS.

Failure to depart the United States on time will result in you being out of status. Under U.S. law, visas of travelers who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act). If you had a multiple-entry visa and it was voided due to you being out of status, it will not be valid for future entries into the United States.

Failure to depart the United States on time may also result in you being ineligible for visas you may apply for in the future.

Change of Status

 While in the United States, you may be able to request that U.S. Citizenship and Immigration Services (USCIS) change your nonimmigrant status to another nonimmigrant category

 Requesting a change of status from USCIS while you are in the United States and before your authorized stay expires does not require that you apply for a new visa. However, if you cannot remain in the United States while USCIS processes your change of status request, you must apply for a visa at a U.S. Embassy or Consulate.

Additional Information

·         The approval of a petition does not guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.

·          Spouse and Children –

o    With the exception of Cultural Exchange Visitor Q-1 visa applicants, your spouse and unmarried, minor children may also apply for the same visa category as you to accompany or join you. You must be able to show that you will be able to financially support your family in the United States. 

·         Unless canceled or revoked, a visa is valid until its expiration date.  Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Author Name
DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

February 28th 2017

Business/ Tourist Visa

Overview

The B-1/B-2 visitor visa is for people traveling to the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2). Generally, the B-1 visa is for travelers consulting with business associates, attending scientific, educational, professional or business conventions/conferences, settling an estate or negotiating contracts. The B-2 visa is for travel that is recreational in nature, including tourism, visits with friends or relatives, medical treatment and activities of a fraternal, social or service nature. Often, the B-1 and B-2 visas are combined and issued as one visa: the B-1/B-2

Qualifications

f you apply for a B-1/B-2 visa, you must demonstrate to a consular officer that you qualify for a U.S. visa in accordance with the U.S. Immigration and Nationality Act (INA). Section 214(b) of the INA presumes that every B-1/B-2 applicant is an intending immigrant. You must overcome this legal presumption by showing:

·That the purpose of your trip to the United States is for a temporary visit, such as business, pleasure, or medical treatment

·That you plan to remain in the United States for a specific, limited period of time

·Evidence of funds to cover your expenses while in the United States

·That you have a residence outside the United States, as well as other binding social or economic ties, that will ensure your return abroad at the end of your visit

Personal or domestic employees and crew members working aboard vessels within the Outer Continental Shelf may qualify for B-1 visas under certain circumstances.

Some foreign nationals may be ineligible for visas according to The Immigration and Nationality Act.

How to Apply

Step 1
For Nonimmigrant Visa applicants:

Determine your visa type by reading Common Nonimmigrant Visas. Each visa type explains the qualifications and application items. Choose the visa type that applies to your situation.

Be sure to also review the Visa Waiver Program. If your country participates in the Visa Waiver Program, you do not need to apply for a visa if you are travelling for business or pleasure and will only be staying in the Unites States for 90 days or less.

Note: If you are under 14 or over 79 years old, or if you previously received a U.S. visa that expired within the last 48 months or 12 months and you are returning to the United States for the same purpose of travel, you may be able to obtain a visa without coming to the consulate for an interview. 

Step 2The next step is to complete the Nonimmigrant Visa Electronic Application (DS-160) form.Be sure to read the Guidelines for Completing the DS-160 Form carefully. All information must be correct and accurate. Once the form is submitted, you cannot make any changes. If you need assistance, please consult an immigration lawyer or translator. The call center cannot help you complete your DS-160. You will need your DS-160 number to book your appointment.

Note: If denied visa previously please complete a new Nonimmigrant Visa Electronic Application (DS-160) form.

Step 3Once you have determined the correct visa type and completed the DS-160, you must pay the visa fee.

Step 4You are almost ready to schedule your visa appointment! Now you will need to login to your profile with the same credentials you used to pay your visa fee. Once you are in the system, you will see your dashboard.Click on Schedule Appointment on the left-hand side menu. This will start the process for scheduling your appointment.

You must schedule two appointments, one for the Visa Application Center (VAC) and one for the visa interview at the Embassy or Consulate.

First, schedule your visa interview appointment at the Embassy or Consulate.

Second, schedule your appointment at a Visa Application Centre. This appointment will allow you to go to one of the five Visa Application Centre locations to have your fingerprints and photo taken. This appointment must be at least 1 day before your visa interview appointment at the Embassy or Consulate.You will need three pieces of information in order to schedule your appointment:

·Your passport number

·The date you paid your fee

·The ten (10) digit barcode number from your DS-160 confirmation page

As you go through the process you will be able to select your visa type, enter personal data, add dependents, select your document delivery location, confirm visa payment, and schedule your appointment.

Step 5

For your Visa Application Centre appointment, you will need to bring:

·A passport valid for travel to the United States with validity dates at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in your passport, each person desiring a visa must submit an application.

·Your DS-160 confirmation page.

·Your appointment confirmation page.

·One photograph as per U.S. visa specifications if the applicant is under 14 years of age.

Step 6
Following your visit to the Visa Application Centre to have your photo and fingerprints taken you will then visit the U.S. Embassy or Consulate on the date and time of your visa interview.

You must bring:

· A printed copy of your appointment letter,

·Your DS-160 confirmation page 

·Your current and all old passports

·Supporting Documents as per your visa type

Applications without all of these items will not be accepted.

Note: Children under 14 years of age are not required to attend the appointment at the Visa Application Centre or visa interview at the Embassy/Consulate. Accompany/Guardians/Parents can carry the above documents

Supporting Documents

Supporting documents are only one of many factors a consular officer will consider in your interview. Consular officers look at each application individually and consider professional, social, cultural and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law.

Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. If confidentiality is of concern, the applicant should bring the documents to the Embassy or Consulate in a sealed envelope. The Embassy or Consulate will not make this information available to anyone and will respect the confidentiality of the information.

You should bring the following documents to your interview. Original documents are always preferred over photocopies and you must bring these documents with you to the interview. Do not fax, email or mail any supporting documents to the Embassy or Consulate.

· Current proof of income, tax payments, property or business ownership, or assets.

· Your travel itinerary and/or other explanation about your planned trip.

· A letter from your employer detailing your position, salary, how long you have been employed, any authorized vacation, and the business purpose, if any, of your U.S. trip.

· Criminal/court records pertaining to any arrest or conviction anywhere, even if you completed your sentence or were later pardoned.

Additionally, based on your purpose of travel, you should consider bringing the following:

Students
Bring your latest school results, transcripts and degrees/diplomas. Also bring evidence of financial support such as monthly bank statements, fixed deposit slips, or other evidence.

Working adults
Bring an employment letter from your employer and pay slips from the most recent three months.

Business visitors and company directors
Bring evidence of your position in the company and remuneration.

Visiting a Relative
Bring photocopies of your relative’s proof of status (e.g. Green Card, naturalization certificate, valid visa etc.).

Previous visitors to the United States
If you were previously in the United States, any documents attesting to your immigration or visa status.

Supporting Documents for Applicants Seeking Medical Care

If you wish to travel to the U.S. for medical treatment, then you should be prepared to present the following documentation in addition to the documents listed above and those the consular officer may require:

· A medical diagnosis from a local physician explaining the nature of your ailment and the reason you require treatment in the United States.

· A letter from a physician or medical facility in the United States expressing a willingness to treat this specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).

· A statement of financial responsibility from the individuals or organization paying for your transportation, medical and living expenses. The individuals guaranteeing payment of these expenses must provide proof of their ability to do so, often in the form of bank or other statements of income/savings or certified copies of income tax returns.

·   Author Name
DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

February 28th 2017

Student Visa

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. You must have a student visa to study in the United States. Your course of study and the type of school you plan to attend determine whether you need an F-1 visa or an M-1 visa.

To enter the United States to  attend:

You need the following visa  category:

University or college

High School

Private elementary school

Seminary

Conservatory

Another academic institution, including a language training program

Vocational or other recognized nonacademic institution, other than a  language training program

 Students cannot travel on the Visa Waiver Program or with Visitor Visas

 Citizens of Visa Waiver Program (VWP) participating countries who intend to study cannot travel on the VWP or on visitor (B) visas, except to undertake recreational study as part of a tourist visit. Students must travel to the United States with student (F-1 or M-1) visas.

 For short periods of recreational study, a Visitor (B) visa may be appropriate

Enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate, is permitted on a visitor (B) visa.

Study leading to a U.S. conferred degree or certificate is not permitted on a visitor (B) visa, even if it is for a short duration. For example, distance learning which requires a period of time on the institution’s U.S. campus requires an F-1 visa.

Student Acceptance at a SEVP Approved School

 Before you can apply at a U.S. Embassy or Consulate for an F or M student visa, you must first apply to and be accepted by a SEVP approved school. Visit the Department of State Education USA website to learn about educational opportunities for undergraduate and graduate study, opportunities for scholars, admissions, and more. You can also visit the DHS Study in the States school search page to search for SEVP-certified schools.

When you are accepted by the U.S. school you plan to attend, you will be enrolled in the Student and Exchange Visitor Information System (SEVIS). You must pay the SEVIS I-901 Fee. The U.S. school will provide you with a Form I-20 to present to the consular officer when you attend your visa interview. If your spouse and/or children intend to reside with you in the United States while you study, they must obtain individual Form I-20s, but they do not pay the SEVIS fee. Visit the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) website to learn more about SEVIS and the SEVIS I-901 Fee.

How to Apply

 There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you intend to apply. 

 Complete the Online Visa Application

· Online Nonimmigrant Visa Application, Form DS-160 – You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.

 ·Photo –You will upload your photo while completing the online Form DS-160. Your photo must be in the format.

Schedule an Interview

While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.

 If you are age:

Then an interview is:

13 and younger

Generally not required

14-79

Required (some exceptions for renewals)

80 and older

Generally not required

 You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at any U.S. Embassy or Consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence. 

New Students – F-1 and M-1 student visas can be issued up to 120 days in advance of your course of study start date. However, you will not be allowed to enter the United States in F-1 or M-1 status earlier than 30 days before your start date.

Continuing Students - May renew their visas at any time, as long as they have maintained student status and their SEVIS records are current. Continuing students may enter the United States at any time before their classes start.

Gather and prepare the following required documents before your visa interview:

Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.

·Nonimmigrant Visa Application, 

 Application fee payment receipt, if you are required to pay before your interview

·Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format.

Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students, Form I-20 or Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students, Form I-20 – Your school will send you a SEVIS-generated Form I-20 once they have entered your information in the SEVIS database. You and your school official must sign the Form I-20. All students, their spouse and minor children if they intend to reside in the United States with the student, must be registered in the Student and Exchange Visitor System (SEVIS). Each person receives an individual Form I-20

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish that you are qualified. For example, additional requested documents may include evidence of:

 Your academic preparation, such as:

 Transcripts, diplomas, degrees, or certificates from schools you attended; and

Standardized test scores required by your U.S. school;

Your intent to depart the United States upon completion of the course of study; and

How you will pay all educational, living and travel costs. 

Attend Your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying. 

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.

When the visa is approved, you  may pay a visa issuance fee if applicable to your nationality, and will be informed how your passport with visa will be returned to you.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record. Learn about procedures for students (with F or M visas) entering the United States on the CBP website under Arrival Procedures for Students or Exchange Visitors.

Additional Information: Students with F visas have an additional 60 days after the program end date listed on Form I-20, and any authorized practical training, to depart the United States.

Extending Your Stay

Failure to depart the United States on time will result in you being out of status. Under U.S. law, visas of travelers who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act).  If you had a multiple entry visa and it was voided due to you being out of status, it will not be valid for future entries into the United States. 

Failure to depart the United States on time may also result in you being ineligible for visas you may apply for in the future.

Change of Status

While in the United States, you may be able to request that U.S. Citizenship and Immigration Services (USCIS) change your nonimmigrant status to another nonimmigrant category

Requesting a change of status from USCIS while you are in the United States and before your authorized stay expires does not require that you apply for a new visa. However, if you cannot remain in the United States while USCIS processes your change of status request, you must apply for a visa at a U.S. Embassy or Consulate.

Additional Information

We cannot guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.

For information about employment, review Students and Employment and Form I-765 Work Authorization Instructions on the USCIS website.

Students who are outside the United States, and who have not been attending classes for five (5) months or more, should apply for a new student visa to reenter the United States.

Spouse and children

o    Your spouse and unmarried, minor children who intend to reside with you during your study may apply for F-2 or M-2 visas. Although SEVIS fee payment is not required, your school must issue them an individual Form I-20, which is required to apply for their visas. You must provide a copy of your F-1 or M-1 visa and provide proof of relationship.

o    Your minor children are permitted to attend school in the United States while accompanying you.

Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Author Name
DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

February 28th 2017

Other Forms of Humanitarian Relief

Temporary Protected Status (TPS) is granted to people who are in the United States but cannot return to their home country because of “natural disaster,” “extraordinary temporary conditions,” or “ongoing armed conflict.” TPS is granted to a country for six, 12, or 18 months and can be extended beyond that if unsafe conditions in the country persist. TPS does not necessarily lead to LPR status or confer any other immigration status.

 Deferred Enforced Departure (DED) provides protection from deportation for individuals whose home countries are unstable, therefore making return dangerous. Unlike TPS, which is authorized by statute, DED is at the discretion of the executive branch. DED does not necessarily lead to LPR status or confer any other immigration status. 

 Certain individuals may be allowed to enter the U.S. through parole, even though they may not meet the definition of a refugee and may not be eligible to immigrate through other channels. Parolees may be admitted temporarily for urgent humanitarian reasons or significant public benefit.

Author Name

DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

February 28th 2017

The Diversity Visa Program

The Diversity Visa lottery was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year 55,000 visas are allocated randomly to nationals from countries that have sent less than 50,000 immigrants to the United States in the previous 5 years. Of the 55,000, up to 5,000 are made available for use under the NACARA program. This results in a reduction of the actual annual limit to 50,000.

Although originally intended to favor immigration from Ireland (during the first three years of the program at least 40 percent of the visas were exclusively allocated to Irish immigrants), the Diversity Visa program has become one of the only avenues for individuals from certain regions in the world to secure a green card.

To be eligible for a diversity visa, an immigrant must have a high-school education (or its equivalent) or have, within the past five years, a minimum of two years working in a profession requiring at least two years of training or experience. Spouses and minor unmarried children of the principal applicant may also enter as dependents. A computer-generated random lottery drawing chooses selectees for diversity visas. The visas are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the last five years.

People from eligible countries in different continents may register for the lottery. However, because these visas are distributed on a regional basis, the program especially benefits Africans and Eastern Europeans.

Thanks and Regards,

Author Name
DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

February 28th 2017

Refugees and Asylees

Protection of Refugees, Asylees, and other Vulnerable Populations

There are several categories of legal admission available to people who are fleeing persecution or are unable to return to their homeland due to life-threatening or extraordinary conditions.

Refugees are admitted to the United States based upon an inability to return to their home countries because of a “well-founded fear of persecution” due to their race, membership in a particular social group, political opinion, religion, or national origin. Refugees apply for admission from outside of the United States, generally from a “transition country” that is outside their home country. The admission of refugees turns on numerous factors, such as the degree of risk they face, membership in a group that is of special concern to the United States (designated yearly by the President of the United States and Congress), and whether or not they have family members in the United States.

Each year the President, in consultation with Congress, determines the numerical ceiling for refugee admissions. The total limit is broken down into limits for each region of the world as well. After September 11, 2001, the number of refugees admitted into the United States fell drastically, but annual admissions have steadily increased as more sophisticated means of conducting security checks have been put into place.

For FY 2016, the President set the worldwide refugee ceiling at 85,000, shown in Table 3 with the regional allocations.

Table 3: Presidential Determination on Refugee Admissions, FY 2016

Africa ,25,000 

East Asia13,000

Europe and Central Asia 4,000

Latin America/Caribbean 3,000

Near East/South Asia 34,000

Unallocated Reserve 6,000

TOTAL 85,000

Source: U.S. Departments of State, Homeland Security,  and Health and Human Services, Proposed  Refugee Admissions for Fiscal Year 2016: Report to the Congress,  (Washington, DC, 2015).

 Asylum is available to persons already in the United States who are seeking protection based on the same five protected grounds upon which refugees rely. They may apply at a port of entry at the time they seek admission or within one year of arriving in the United States. There is no limit on the number of individuals who may be granted asylum in a given year nor are there specific categories for determining who may seek asylum. In FY 2014, 23,533 individuals were granted asylum.

Refugees and asylees are eligible to become LPRs one year after admission to the United States as a refugee or one year after receiving asylum.

Author Name
DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

February 28th 2017

Per-Country Ceilings

In addition to the numerical limits placed upon the various immigration preferences, the INA also places a limit on how many immigrants can come to the United States from any one country. Currently, no group of permanent immigrants (family-based and employment-based) from a single country can exceed seven percent of the total amount of people immigrating to the United States in a single fiscal year. This is not a quota to ensure that certain nationalities make up seven percent of immigrants, but rather a limit that is set to prevent any immigrant group from dominating immigration patterns to the United States.

Author Name
DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

February 28th 2017

Employment-Based Immigration for Indian Citizen

The United States provides various ways for immigrants with valuable skills to come to the country on either a permanent or a temporary basis.

Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition

 To be considered for an immigrant visa under some of the employment-based categories below, the applicant’s prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.) When filing the Immigrant Petition for Alien Worker, Form I-140, see the detailed form instructions, as well as more detailed requirements information on the USCIS Permanent Workers webpage.

CATEGORIES

Employment First Preference (E1): Priority Workers

A First Preference applicant must be the beneficiary of an approved Immigrant Petition for Foreign Worker, Form I-140, filed with USCIS. Labor certification is not required for any of the Priority Worker subgroups. Priority Workers receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas.

There are three sub-groups within this category:

1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.

 2.Outstanding professors and researchers with at least three years of experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.

3.Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.

Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

 There are two subgroups within this category:

1.Professionals holding an advanced degree (beyond a bachelor ate degree), or a baccalaureate degree and at least five years progressive experience in the profession.

 2.     Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

 Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

1.Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.

 2. Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.

 3.Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Employment Fourth Preference (E4): Certain Special Immigrants

A Fourth Preference applicant must be the beneficiary of an approved Petition for American, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad (see number 3 below). Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

There are many subgroups within this category:

1.Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization

2.Ministers of Religion

3.Certain Employees or Former Employees of the U.S. Government Abroad - Must use Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An Employee Or Former Employee of the U.S. Government Abroad

4.Certain Former Employees of the Panama Canal Company or Canal Zone Government

5.Certain Former Employees of the U.S. Government in the Panama Canal Zone

6.Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979

7.Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas. See Special Immigrant Visas for Iraqi and Afghan Translators/Interpreters for more information.

8.Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20th, 2003 and prior to September 30, 2013, or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment.

9.     Certain Foreign Medical Graduates (Adjustments Only)

10.  Certain Retired International Organization Employees

11.  Certain Unmarried Sons and Daughters of International Organization Employees

12.  Certain Surviving Spouses of deceased International Organization Employees

13.  Special Immigrant Juveniles (no family member derivatives; Adjustments Only)

14.  Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces

15.  Certain retired NATO-6 civilians

16.  Certain Unmarried Sons and Daughters of NATO-6 civilians

17.  Certain Surviving Spouses of deceased NATO-6 civilian employees

18.  Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001

19.  Certain Religious Workers

Employment Fifth Preference (E5): Immigrant Investors

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation. Select Immigrant Investor Visas to learn more about this employment-based category.

Next Steps – Fees and Visa Application

After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date, the NVC will instruct the applicant to complete Form DS-261, Choice of Address and Agent. (NOTE: If you already have an attorney, the NVC will not instruct you to complete Form DS-261.) The NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including application forms, civil documents, and more.

 

Can My Family Members also Receive Immigrant Visas?

Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations. Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS.

Numerical Limitations

All categories of employment-based immigrant visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

Fees

Fees are charged for the following services:

·         Filing of Immigrant Petition for Alien Worker, Form I-140, or Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360 (this fee is charged by USCIS)

·         Processing an immigrant visa application, Form DS-260 (see Note below)

·         Medical examination and required vaccinations (costs vary)

·         Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. Embassy or Consulate for your visa interview. Costs vary from country to country and case to case.

Note: Fees must be paid for each intending immigrant, regardless of age, and are not refundable.

Fees should not be paid to the NVC or paid at the U.S. Embassy or Consulate where you have your visa interview unless specifically requested. Applicants will be provided with instructions by the NVC on where and when to pay the appropriate fees. Do not send payments to the NVC’s address in Portsmouth, New Hampshire.

Required Documentation

In general, the following documents are required:

·         Passport(s) valid for six months beyond the intended date of entry into the United States, unless longer validity is specifically requested by the U.S. Embassy/Consulate in your country.

 Form DS-260, Immigrant Visa and Alien Registration Application.

 Two (2) 2x2 photographs.

 Civil Documents for the applicant. The consular officer may ask for more information during your visa interview. Bring your original civil documents (or certified copies) such as birth and marriage certificates, as well as legible photocopies of the original civil documents, and any required translations to your immigrant visa interview. Original documents and translations can then be returned to you.

 Financial Support – At your immigrant visa interview, you must demonstrate to the consular officer that you will not become a public charge in the United States. (NOTE: For applicants where a U.S. citizen or lawful permanent resident (LPR) relative filed the Form I-140 petition or where such a relative has a significant ownership interest in the entity that filed the petition, that relative must complete Form I-864, Affidavit of Support Under Section 213A of the Act, on behalf of the applicant.)

·Completed Medical Examination Forms – These are provided by the panel physician after you have completed your medical examination and vaccinations (see below).

Visa Interview

Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant’s visa interview along with instructions, including guidance for obtaining a medical examination.

Each applicant should bring a valid passport to the interview, as well as any other documentation above not already provided to NVC. A consular officer will interview the applicant, and the consular officer will determine whether the applicant is eligible to receive an immigrant visa in accordance with U.S. immigration law. Ink-free, digital fingerprint scans will be taken on the day of the interview. Generally, an applicant receives original civil documents and original translations back at the time of interview.
Medical Examinations and Vaccinations

Important Notice: In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa interview. Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. NVC provides applicants instructions regarding medical examinations, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.

 Vaccination Requirements

U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of immigrant visas. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.

 How Long Does It Take?

Employment based immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.

 Visa Ineligibility

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is. Ineligibilities and Waivers: Laws contains the complete list of ineligibilities.

 Misrepresentation of Material Facts or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact or fraud may result in you becoming permanently ineligible to receive a U.S. visa or enter the United States.

When You Have Your Immigrant Visa - What You Should Know

If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the United Statesbefore the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas. 

USCIS Immigrant Fee –

You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States. (SI-1, SI-2, SI-3, SQ-1, SQ-2, and SQ-3 visa holders will not pay the fee.) Select USCIS Immigrant Fee on the USCIS website for more information. 

Important Notice: USCIS will not issue a Permanent Resident Card (Form I-551 or Green Card) until you have paid the fee.

Entering the United States: Port-of-Entry

A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. Applicants should be aware that a visa does not guarantee entry into the United States. The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

Once you have paid the USCIS immigrant fee and have been admitted to the U.S. as a permanent resident, your Permanent Resident Card, Form I-551 (formerly called Alien Registration Card, also known as a green card) will be mailed to you.

How to Apply for a Social Security Number Card

If you elected on your immigrant visa application form to receive your Social Security Number Card upon admission to the United States as an immigrant, your card will be sent by mail to the U.S. address you designated on your application form, and should arrive approximately six weeks following your admission. If you did not elect to receive your Social Security Number Card automatically, you will have to apply to be issued a card following your arrival in the United States.

When You Are a Permanent Resident

Coming to the United States to live permanently, you will want to learn more about your status as a Lawful Permanent Resident.

 Additional Information

Immigrant visa applicants should not make any final travel arrangements, dispose of property, or give up jobs until and unless visas are issued. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview. An immigrant visa is generally valid for six months from the issuance date.

 Author Name

DEEPAK DAYAL
(MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India. 
Skype: deepak@dayallegal.in 
http://www.dayallegal.in
M : +919560732244
O: +919069113331

February 28th 2017

About

Contact

 +91-9069113331

contact@dayallegal.in