If you want to work while your Green Card application is pending, you have to file Form I765, application for employment authorization along with your adjustment of status application. Along with Form I765 you have to submit a copy of your I-94, Arrival Departure Card. On submitting your application with the USCIS, you should receive an Employment Authorization Card within 90 days. Once you have received the Employment-Authorization Card you are eligible to work in the United States, even if your Green Card Application is pending.

If for some reason you do not receive the Employment-Authorization Card within 90 days, you can request for an interim employment authorization on Form I765, which will be valid for 240 days. To receive an interim card, you have to file a request for interim work authorization on Form I765 at the USCIS service center. If 240 days pass and you still have not received a final decision on your I765 application you must stop working. Interim work authorization cards cannot be renewed. However, if you reach this point, you have the option to file a new application for employment authorization on Form I765. If you do not get a decision even on the new I765 application within 90 days, you will then be entitled to another interim work authorization card.

There is no filing fee for Form I765 when filed concurrently with Form I-485, Application for adjustment of status. It is recommended to file Form I765, Application for Employment Authorization and Form I-485, Adjustment of status application together which enables you to work while your Green Card application is pending and also facilitates easy processing of the application.

You can check the status of your Form I765 online. If your application for employment authorization on Form I765 is denied, you will be send a letter from USCIS stating why your application was rejected. You are allowed to request the USCIS officers to reconsider your case.

Form I765 is used even for renewal of EAD, replacement of EAD and interim EAD. If you filed your adjustment of status application on or after July 30, 2007 and have paid the application fee for Form I-485, you are not required to pay any fee while requesting for employment authorization on Form I765. If you file Form I765 separately, then you should submit a copy of Form I-797C as an evidence of filing Form I-485, application for adjustment of status.

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Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visa( Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa and many more) online. We will make sure your form is 100% error free, before you submit to USCIS.

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* Copy of the front and back of your Permanent Resident Card.

* Evidences to prove that your marriage is legitimate.

* Evidences for seeking a waiver (If filing to waive the joint filing requirement)

* Court order if you have changed your name legally.

* English translation of all foreign language documents from an authorized translator. You have to submit evidences to prove that your marriage is legitimate and that you have not violated any law of the United States. To prove the evidence of your marriage, the following supporting documents with Form I-751 should be submitted:

- Copy of your marriage certificate.

- Copy of birth certificates of the children you have had together.

- Documents of Joint ownership or property such as financial records of assets, federal tax return, insurance policies.

- Rental receipts of all the apartments that you have occupied together.

- Affidavits from at-least two people, who have personally known you and your spouse from the time the conditional residence was granted. The person who signs the Affidavit should witness before the immigration officer that whatever is written in the Affidavit is true.

If you are seeking a waiver in the joint filing requirement, the following supporting documents with Form I-751 should be submitted:

- Copy of death certificate, if spouse is deceased.

- Copy of divorce certificate, if marriage was terminated.

- If battered or subject to extreme cruelty, submit evidence of abuse such as reports issued by the police or court.

If you are residing outside the U.S. due to military orders or government orders, you should submit the following:

- Two passport style photographs of the applicant and dependents.

- If you or your dependents are between the ages of 14 and 79, complete Form FD-258, Fingerprint Cards.

The supporting documents with Form I-751 should be filed for all dependent children who got conditional residence concurrently with you. Carefully prepare the supporting documents, as this would make an easy way for the approval of your petition. Put all the documents in a large envelope and send them to the USCIS. Do not send the original documents to USCIS, unless you are asked to send.

If you are requested to send the original documents, USCIS keeps a record of the original documents and returns them back to you. Have a copy of all the documents you send to USCIS, as you may need them for your reference. The filing fee for the petition includes the application fee and the biometric fee. After USCIS receives your petition, you will be informed about when you should appear for the biometrics.
Guest Post Author

Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visa Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa, many more) online. We will make sure your form is 100% error free, before you submit to USCIS.

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There are some limitations for a Permanent resident to travel outside U.S. and return. A reentry permit will help a Permanent resident to enter into U.S. without any problem. A reentry permit is used to determine that you did not intend to abandon your status, and it allows you for admission into the United States after traveling abroad for 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance.

You need to file the I-131 form with the Re-entry permit fees to obtain a reentry permit. It is recommended that you file the I-131 form well in advance of your planned trip. Ensure that you file the I-131 form at least 60 days before your intended travel. You need to be physically present in the United States to file this form. You cannot file the I-131 form while you are outside U.S.

You do not need to file the I-131 form and get a reentry permit if you will be outside the United States for less than 1 year. If you have been outside the United States for less than 1 year, you may use your Permanent Resident Card as your travel document.

Reentry permit fees:

The Reentry permit fees is $385. It includes an application fee of $305 and a biometric fee of $80. You can pay the Reentry permit fee with a personal check, money order, or cashier’s check. Do not send cash. The check or money order must be drawn on a bank or other financial institution in the United States and must be payable in U.S. currency.

If you are filing the I-131 form at one of the USCIS Lockbox facilities and would like to receive an e-mail and/or text message that your application has been accepted, then complete a Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.

The I-131 form will not be approved in the following cases:

1)If you have already been issued a reentry permit and it is still valid.
2)If the federal register contains a notice that prohibits the issuance of re-entry permit for travel to the area where you intend to go.

Checklist of your Re-entry permit application package:

• The I-131 form
• The G-1145 form (optional)
• Photographs
• Supporting documents
• Reentry permit fees

Assemble your application package in an orderly manner. Using a paper-clip, attach the Re-entry permit fees to the first page of your I-131 form. If you do not send the Reentry permit fees along with your application, your application will be returned. Place your supporting documents under your application. Mail your application by certified mail, certified mail or courier service and request a return receipt.Within 30 days of submitting your application to USCIS, you can expect to receive a Form I-797 Receipt Notice. This Notice is your confirmation that the USCIS has received your application and accepted it for processing. After you receive the Receipt Notice, you will receive an Appointment Notice requesting your appearance at your local Application Support Center to have your fingerprints taken.

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You can make use of the family-based green card process to apply a green card for your brother or sister. If you are a U.S. citizen, you should have gained your citizenship through naturalization or citizenship process, and you should be above 21 years of old to petition a green card for your sister or brother. Through the family-based green card process once your sister or brother enters the United States they are eligible to work permanently and later apply for citizenship. And you cannot apply for a green card for your sister or brother through family-based green card process if you are a green card holder.

The family-based green card process is a multi step process. First your need to file an Immigration petition using Form I-130 with USCIS. After USCIS approves the Form I-130, an immigrant visa number should be available. Once the immigrant visa is available they will be notified to go and schedule an interview in their local U.S. consulate. If your brother or sister is already in the U.S. on a different visa you can file I-130 later once the immigrant visa number becomes available they can apply for adjustment of status in the United States.

You needn’t file separate Form I-130 for your sister or brother. You can use a single Form I-130 and file for all your eligible sisters and brothers. Along with form I-130 you will need to file Form I-864 Affidavit of Support to establish that you have enough income to support your siblings.

You will have to submit the supporting document along with Form I-130 to establish your relationship, and each supporting document varies based on your situation.

If you and your sibling have same mother you need to file Form I-130, with your birth certificate and your siblings birth certificate with your mother’s name on it along with your proof for citizenship and affidavit of support.

If you and your sibling have same father but different mother, then you will have to file Form I-130 with your birth certificate with your father’s name and your siblings birth certificate with your father’s name, a copy of divorce decree or any documents to prove your fathers previous marriage were ended.

If you are applying for a step sibling who is sharing a common father, then you will need to submit your birth certificate with the name of your father. The marriage certificates between your father to both your natural mother and your step siblings natural mother, and proof of termination of marriage to your natural mother or your siblings natural mother.

If you are applying for a step sibling and you share a common mother, then along with Form I-130 you will have to submit a copy of your birth certificate with that of name of your mother, a copy of your siblings birth certificate with that of name of your mother.

If you or your step sibling illegitimate and related to a common father, then you will have to submit Form I-130 with a proof that you had a bona fide parent child relationship and along with other documents.
Guest Post Author

Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visa( Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa, many more) online. We will make sure your form is 100% error free, before you submit to USCIS.

©2010 E3 Visa. All Rights Reserved.

(also see recent H1B Deportation news)

When a foreign national chooses to visit or stay in the United States on visa status or as a permanent resident, he or she must abide by certain laws and regulations in order to remain in the country legally. If an individual who is not a U.S. citizen fails to abide by these terms, he or she may be ordered to leave the country.

The process of requiring an individual to physically leave the country is known as deportation. If you are visiting the U.S. temporarily or living in the country as a permanent resident, it is important to know the laws that regulate deportation.

Visa Requirements

A person who is visiting the U.S. on visa status must adhere to certain rules and restrictions to avoid nullifying the visa. Some of the key requirements to consider include:

• There are specific visas for different groups of applicants, and a person must keep the same status during their stay in the U.S. in order for the visa to remain valid. For example, a foreign national visiting on a student visa must remain in school to remain in the country legally under his or her visa.
• If the expiration date is approaching for a visa, the applicant must re-apply to remain in the United States.
• An individual may not legally remain in the U.S. if his or her visa has expired.
• A foreign national may be required to return to his or her home country in order to re-new a visa and legally re-enter the U.S.

A violation of any of these terms can be grounds for deportation by the U.S. government.

Criminal Grounds for Deportation

Any non-citizen staying the country may be deported if he or she commits a qualifying crime. This applies to visa holders and permanent residents alike. The criminal offenses that may lead to deportation include the following:

• Crimes against a person (murder, manslaughter, rape, kidnapping)
• Domestic violence crimes
• Sexual offenses
• Crimes against the government (counterfeiting, mail fraud, bribery, tax evasion, perjury)
• Fraud crimes
• Drug crimes
• Firearms offenses

If you have committed any of the above crimes, your legal permit to remain in the U.S. may be nullified and you may be forced to leave the country. The laws and regulations for visas and permanent residency can sometimes be confusing, and it can be easy for a person to accidentally disqualify himself or herself and risk deportation. If you have questions regarding the rules of your visa, permanent residency, or renewing or changing your legal status in the U.S., consider consulting with an experienced immigration lawyer as soon as possible.

©2010 E3 Visa. All Rights Reserved.

U.S. citizenship requirements states that, you can obtain U.S. citizenship either by birth or by law. You acquire U.S. citizenship by birth, if you were born in the U.S. or if your parents are U.S. citizens. Obtaining U.S. citizenship by law is through naturalization.

Per USCIS, you must meet the U.S. citizenship requirements to apply for citizenship. The U.S. citizenship requirements include the continuous physical presence requirements and certain general requirements.

U.S. citizenship requirements

To be eligible for U.S. citizenship, the following U.S. citizenship requirements should be satisfied:

• You should be at least 18 years old.
• You should be a lawful permanent resident of the United States.
• You should have resided in the U.S. for at least three to five years and half of the time should be spent in the U.S.
• The U.S. citizenship requirements states that, if you are married to a U.S. citizen, you can apply for U.S. citizenship after three years of residence in the United States. All others can apply for citizenship only after five years.
• You have resided in the U.S. from the time you filed your application for U.S. citizenship.
• You should take an oath, that you are attached to the U.S. constitution.
• You should have proficient knowledge and fluency in English.
• You should have knowledge concerning the history, role and functioning of the U.S. government.
• You should not be involved in any crime.
• You should meet the continuous physical presence requirements

Continuous physical presence requirements

If you are married to a U.S. citizen, the following continuous physical presence requirements should be met:

• You should live physically with your spouse.
• You should have lived together with your spouse for at least three years before you apply for U.S. citizenship and take the naturalization examination.
• You should have been physically present in the U.S. for at least 18 months.
• You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.
• Your spouse should be a U.S. citizen during the period you have applied for citizenship till the date of examination.

The following are the continuous physical presence requirements for those who are not married to a U.S. citizen:

• You should have been physically present in the U.S. for at least 30 months.
• You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.

Physical presence is different from Continuous residence. Physical presence is the number of days you were physically present in the U.S. Continuous residence is the time you resided lawfully in the U.S. without any long absence. If you are physically absent from the United States for one year, you will lose your continuous residence requirement, unless the absence is excused. The U.S. citizenship process is not easy, you have to meet the above requirements to be eligible to apply for citizenship.

©2010 E3 Visa. All Rights Reserved.

The stage 2 in an Employment based green card application process is filing an immigrant petition Form I-140 on behalf of the beneficiary. As per the new rule by USCIS the green card application can be filed simultaneously with I-140 petition. The process of filing Form I-140 and Form I-485 at the same time is called concurrent filing.

On Form I-140 one has the option to choose between consular processing and adjustment of status for green card application. Concurrent filing on Form I-140 and Form I-485 can be made only if the employee is currently inside the United States. Concurrent filing on Form I-140 and I-485 is not applicable if the employee wishes for a consular processing outside the United States.

The Form I-140 and Form I-485 can be filed together only when a visa number is immediately available. First one needs to determine if an visa number is immediately available. In case of employment based first preferences category the immigrant visa number is usually current, so one can apply for green card application while filing I-140. Concurrent filing of green card application based on other preference category usually depends upon the the date the labor certification application was accepted by the Department of Labor for processing when a labor certification is required. The Visa Bulletin is available using which one can check their place in the immigrant visa queue. The cutoff dates for all the categories of employment based green card application is provided by the Visa Bulletin.

If there is not much demand than the visas in a given preference category and based on country of birth or it may be the country of changeability, then immigrant visas becomes current. If the Chart shows “C” then it means the visas is immediately or it is current and one is eligible for both filing both the Form I-140 and Form I-485 simultaneously.

When Form I-140 and Form I-485 are concurrently filed one has lots of benefits like filing the green card application earlier along with it one will be filing Employment Authorization Documents and Travel Document, so one can work legally and also can travel outside the United States.

USCIS will issue separate Receipt Notices for the Form I-140 Immigrant Petition and the Form I-485, Application to Adjust Status to Permanent Resident. The Receipt Notices will be issued on Form I-797. You can expect to receive the Form I-140 Receipt Notices within 30 days. The Form I-485 Receipt Notice will be issued to also within 30 days. The Form I-797 Receipt Notices are confirmation that USCIS has received the petition and application, and accepted them for processing.

One must wait for USCIS to complete processing of this case. Generally, an interview is not required. However, if an interview is required, USCIS will be issue an appointment notice to complete processing. If an appointment is not required, decision via mail will be sent. USCIS will most likely issue a decision on the Form I-140, Immigrant Petition before it issues a decision on the Application to Adjust Status to Permanent Resident. If I-140 is approved USCIS will process the I-485 application. If USCIS denies I-140 then I-485 will also not be processed.
Guest Post Author

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The best way to know how to renew a Green Card is to apply to replace a permanent resident card, which can be done online. A number of requirements are needed of you before renewing your Green Card, as shown below.

Apply for renewal within 6 months of expiration

It is recommended that you fill out your renewal form at least 6 months before the expiry date. This makes it possible for you to receive your card in good time, so that you do not undergo much hassles in the process. While your card is being renewed, you will receive a temporary proof of status, which is evidence of your residence in the U.S. while your card is being processed. The temporary proof of status lasts for a year, and you will receive your renewed status 10 to 12 months after your application.

Know the different renewal forms if your status has changed

Depending on the reason why you are applying for a renewed status, there may be different forms to use that you need to know about. Your card may have been stolen, lost or mutilated, or you may have changed your name for any particular reason. Even a change of address requires a specialized renewal form, so if any of these have affected your status, check the form names and numbers before filling them out.

Get the renewal fee beforehand

The charges for renewing a Green Card is $110, and if you have any other special needs to do with your card, additional fees may be required. It is best that you set aside this amount and a little extra some time before your card expires to save you from last minute rush.

Check the version of Green Card you have

Some versions of the Green Card have no expiration dates, while others are just older versions of the current Green Card in use. Whichever the case, you need to know how to renew the Green Card that you have, which is different for each.

Know what happens in case your renewal request is delayed

There are some things that can happen if your renewal is delayed. First of all, you will not lose your status as a permanent residence of the U.S. if your Green Card expires. However, getting a job or benefits, or entering the States from abroad will be quite difficult, because you need to prove that you are in the country legally. Your temporary proof of status serves its purpose for you as you await your renewed Green Card.

Also, you will not be penalized if your Card is past due. Simply fill out the needed forms, pay the fee and wait for the process to be completed. In case you have delayed applying for renewal because you cannot raise the fee on time, you can apply for a waiver, but you will need to go to your local USCIS office in person to do it.

©2010 E3 Visa. All Rights Reserved.

History clearly tells that immigration was not as we know it today. For many, being a citizen of the United States came naturally when their forefathers walked into the country via the New York Harbor. More than twelve million migrants have been assessed and permitted to walk in to the United States in the last sixty two years since the country’s immigration department has offered its services. This is as per the Statue of Liberty – Ellis Island Foundation. These immigrants had to undergo a physical examination which was followed by identity verification. Of these, around ninety eight percent were granted permission to enter the country.

The concept of DNA testing was alien to the authorities then. The Bureau of Immigration was accountable for matching identities and ensuring that the right people have been allowed to pass through. They had to question the migrants and contrast their answers with the questionnaire that has been filled in prior.

However, with changing times and with the advent of technology, the mode of assessment has become sleeker than ever. With this, the department also emerged to be known as the United States Citizenship and Immigration Services or commonly known as the USCIS. Today, the USCIS asks for a proof that could be verified better for an individual’s identity before granting a permit to enter.

Today, there are many ways to gain a permit to enter the United States. One such method is through having family relations. Immediate blood relatives such as those of parents, siblings or children who are US citizens could be verified for. In such a case, the US citizen is known as the petitioner and the foreign relative is called as the beneficiary. Here, evidence proving the relationship between the petitioner and beneficiary has to be produced. This proof can be in the form of birth certificates, census or school records or any form of documentation which is relevant.

It is also agreed that there are instances where it is difficult to find any form of documentation. In fact, a fire led to the complete destruction of the first ever immigration records that were stored at the Ellis Island processing facility. Records that have been lost or misplaced due to natural disasters or due to negligent officials are common.

To cater to the above problem, the USCIS has come up with a more sound system of identity verification. And so came in the concept of DNA testing to state a particular blood relationship.

No other form of assessment can be better at judging the blood ties between any two individuals. Any accredited laboratory under the American Association of Blood Banks is capable of proving the relationship with an accuracy of ninety nine percent. Thus, a DNA test is best form of testing which makes the process of verification very precise. This test is required as evidence in case of sponsoring foreign nationals.

The test is a painless process where in a sample of the petitioner and the beneficiary’s DNA is taken. These samples are tested at specific laboratories that are designated by the USCIS. The results are then forwarded to the office of the Homeland Security. These reports act as proof for both the USCIS and the Department of State to verify the applicants.

©2010 E3 Visa. All Rights Reserved.

Immediate relative petition

An immediate relative petition is for U.S. citizens who are interested in sponsoring one of their immediate relatives to come and live in the U.S. Immediate relatives include:

• Spouses;
• Parents; or
• Children who are under 21 years of age and unmarried.

When you file an immediate relative petition your relative will not have to wait for a visa number. If he or she is outside the U.S. they will be given a visa number immediately. If your relative is already inside the U.S. he or she will be allowed to apply to adjust his or her temporary status to “permanent resident” as soon as the petition is approved.

Preference petition

A preference petition can be filed by:

• A U.S. citizen on behalf of an unmarried adult child (21 years of age or older);
• A legal permanent resident for a spouse, unmarried child (under 21 years old), or unmarried adult child (21 years old or older); or
• An employer on behalf of an employee.

Unlike an immediate relative petition, the person for which the petition is being made must wait until a visa number is available. As there are a limited number of people who are entitled to enter the U.S. each year through the preference petition program, the application may take some time to process. Processing times will vary according to the applicant’s preference category.

Preference is given in the following order:

• First Preference: Unmarried, adult (over 21 years old) children of U.S. citizens;
• Second Preference: Spouses of lawful permanent residents and unmarried children (regardless of age) of lawful permanent residents and their children;
• 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.

Preferences based on employment are issued in the following order:

• 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 Advanced Degrees or Persons of Exceptional Ability;
• Third Preference: Skilled Workers, professionals and other qualified workers;
• Fourth: Certain special immigrants including those in religious vocations;
• Fifth: Employment Creation Immigrants.

Guest Post Author

To summarize, immediate relative petitions are for the spouses, parents, and unmarried children (under 21) of U.S. citizens. Preference petitions are for everyone else wishing to sponsor an individual for permanent residence.

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