Currently there are about 140,000 EB Green Card Visas issued each year and only a maximum of 7% can be issued to any one nationality annually. What that has meant in practice for the EB2 and EB3 categories is that b/c of the sheer number of Indian and Chinese applicants in particular, that there is a large backlog of waiting lists of people working in the US in limbo not being able to move up or on in their jobs, passing up promotions and better offers, etc. waiting for their visa number in the queue to be called.

For the EB2 category it is about a 4-6 year wait for Indians and Chinese and in the EB3 category that goes up to 10 years and beyond. Of course if the nationality cap is removed then many citizens from other countries in both these categories who had jumped ahead in the queue b/c of these limits may have to wait a bit longer.

Sadly each year many of the 140,000 green card visas go to waste with people who have abandoned their application and returned home or moved elsewhere and b/c of the nature of the law these are wasted for good. If all the green card visas that had been wasted over the last few years had allowed to be reused (so not increasing any caps just using what was already authorized by the US Congress), then the entire current backlog for EB2 and EB3 would be removed for all nations. This actually has been done once before in the early 2000s but such a “radical” or more correctly logical move would seen to be too hard in today’s politically charged, cable news driven, extreme partisan US Immigration landscape.

The startling part of this so far is that it was able to pass with such overwhelming support from Conservative and Tea Party backed Republicans and Liberal and Most Left Leaning Democrats alike. The major premise is so that the US retains high skilled talent to help grow the economy and create jobs. According to Bloomberg, only 15% of visas are granted for economic reasons, a policy that undermines U.S. companies competing in a global talent pool.

Then foreign students studying in the US account for the majority of computer science and engineering doctorates earned from U.S. institutions. (In 2006, more than 4,500 foreign students earned engineering Ph.D.’s in the U.S., almost two-thirds of the total.) There is no policy or incentivized scheme to get them to stay in the U.S. after graduation given that these immigrants have a much higher propensity to create new businesses. We have mentioned before the Duke University study found that foreign immigrants helped found more than a quarter of the technology and engineering companies established in the U.S. between 1995 and 2005 (inc. Google, Yahoo, Paypal, etc.) so a huge amount of jobs and wealth for the US and her citizens.

However there is a roadblock!

One of our “favorite” politicians, Senator Charles (Chuck) Grassley, a Republican from Iowa placed a hold on the bill now it has reach the Senate. Even though it is expected to have broad support in the Upper House of the US Congress, it is now effectively in limbo due to the actions of one Senator for reasons that are not quite clear and that he has not fully expressed. Of course Iowa whose economy is still heavily influenced by Agriculture is not really a mecca for driving US innovation and wealth and nor is it a massive location for foreign highly skilled immigrants to reside, so really this bill would have very little effect if anything there.

However Senator Grassley seemingly unilaterally has put everything on hold possibly because of an earlier 2009 H1B and L1 Visa reform bill he put before Congress with Senator Dick Durbin of Illinois which thankfully has not gone anywhere as would be a major dent in the US economy.

We hope sanity prevails as it has in the House branch of the US Congress but I certainly would not be getting to excited as with the December – January Congress recess coming up and 2012 being a Presidential election year and where partisan politics is at its peak, anything getting done sometimes is a miracle.

Cj

©2012 E3 Visa. All Rights Reserved.

The Lottery is run by the US Government and is very simple application for the most part with just basic details required along with a digital photo. More official information can be found at the official Green Card Lottery Information area of the US State Department.

This year is began October 4, 2011 and if successful you will be notified via a formal letter as well as be able to check online between around May to July in 2012. These dates of announcement will be formally confirmed later The dates of the Green Card Lottery entrance period are fixed so get your entry in early to ensure you do not miss out or leave it to the last minute and risk any issues with site outages. Official instructions and eligble countries are yet to be announced for this year but if you read our Diversity Visa Lottery Instructions you will get a pretty good year about a lot of this as it doesn’t change that much

The green card lottery winners (diversity visa lottery) winners have been announced for Dv-2012 held online from October to November in 2011 twice in May and then again in July due to a computer glitch which we documented. Given a US Federal court upheld the decision to decide the winners again and deny the applications of those that were originally nominated as winners this year in May, that we will never see anything like that where false hopes are raised for so many around the world. Anyway you should note that being selected as a winner does not guarantee you a green card as you must pass some additional criteria as well in the application process.

Unfortunately those who missed out on the green card and permanent residency will NOT receive any notification but you will be able to check the status of their entry through the E-DV website. You MUST keep the confirmation page information from when you entered the DV Lottery

Between April and July 2012 results should be sent out to the lucky applicants with an official letter from the U.S. Department of State Kentucky Consular Center in Williamsburg, Kentucky. All notifications are by mail to your nominated address and you should note that there is NOT any email notification. It seems like already people have started receiving their winning letters so hopefully this will be the case for all of you that read this post and applied!

The notification letters will have additional instructions, including information about additional forms and other documentation required as well as immigrant visa application fees.

A couple of additional points to note.

1. Be patient with receiving the 2nd letter if you have received the first as sometime the mail is slow. The only people that you can contact that will give you any insightful information if you are a winner and received the first letter is the KCC.

2. Check the US government websites to see the current dates for your number if you are a winner

3. If you were a child on a winner’s application and since turned 21 after being 20 at the time of application, you are still eligible as your age is frozen. However you must take up the green card within a year as otherwise you will be ineligible

4. High School education or its equivalent as per the requirements of the primary applicant means the successful completion of a twelve year course of elementary/primary and secondary education in the U.S. or successful completion in another county of a formal course of elementary/primary and secondary education that is comparable to the US 12 year education system.

5. If you are currently residing in the US on another non-immigrant visa, you are able to adjust your status within the US if you are a winner

Good Luck

CJ

©2012 E3 Visa. All Rights Reserved.

Though one can become a citizen voluntarily through the Naturalization process, some are granted this status being born in the US or born to US citizen parent(s).

Children born outside to US citizen parents can claim US citizenship through their parents’ status subject to certain strict requirements which makes the process very much sophisticated. The immigration law at the time the child was born is also vitally important while claiming citizenship through the Child Citizenship Act (CCA). But the process is pretty simple for children born in the US as they automatically become US citizens, immaterial of whether their parents were US citizens or not.

If your child was born in the US, you can directly apply for a US passport as a proof of his/her US citizenship. Should you want to document your child’s citizenship status, you can file Form N- 600, Application for Certificate of Citizenship with the USCIS to get the citizenship certificate.

There are a combination of requirements that are to be satisfied before applying for child citizenship. One such criteria is that at least one parent was a US citizen when the child was born and should have lived in the US or its possessions for a stipulated period of time. Additionally, child(ren) born outside the US can also claim citizenship after birth based on their parents’ citizenship or naturalization.

As stated above, you can become a US citizen only if you fulfill certain important conditions. Few are:

- You should be under 18 years old and at least one of your parents should be a US citizen, either by birth or through Naturalization.

- You should reside in the US in the legal and physical custody of your US citizen parent and is subject to lawful admission for permanent residence in the US.

- To qualify as a “child” for the purpose of getting a certificate of citizenship through your parents’ status, you (the child) should not be married. If you are born out of wedlock, you should have been “legitimated” when you were under 16 years old and in the legal custody of the legitimating parent. But if you are a stepchild who was not adopted, you will not qualify as a “child” for citizenship purposes.

- If you meet the above mentioned requirements before becoming 18 years old, it means you establish the eligibility for US citizenship without having to file an application. Make note however, if you want to document your citizenship status, you have to file Form N-600.

- Per the CCA, if you were 18 years old or older as of February 27, 2001, you will not be eligible for citizenship, under this classification. You however, can apply for naturalization (Form N-400) based on qualifying on your own. There is also another option where persons above the age of 18 as on February 27, 2001, are eligible to apply for a citizenship certificate per the law in effect before the enactment of the CCA.

Even if you the biological or an adopted child who regularly resides abroad, you can still qualify for citizenship. This however, has additional requirements to be met.

©2012 E3 Visa. All Rights Reserved.

Recently, the United States Immigration and Customs Services (USCIS) regulations governing how long green card holders can spend outside the US have become more stringent. Generally, they may not be outside the United States for more than 6 months each year. In the past, green card holders were able to return every 6 months for a brief trip, and not have USCIS fully enforce this rule. Now, this is not the case.

Exceeding this 6 month time limit may jeopardize their ability to retain a green card. As a result, many Green Card holders are being placed in removal proceedings and/or having their green cards confiscated, for failure to maintain continuance physical presence inside the United States.

Continuous physical presence can be established by showing that there was no intent to abandon the green card and that the lawful permanent resident maintain their ties in the United States. This can be easily established through proper documentation such as owning a home, renting an apartment, bank accounts, pay taxes, and other forms of proof establishing that although the trip abroad was lengthy, there was always an intent to return. It becomes far more difficult to prove when the green card holder has been absent from the United States for more than a year.

Removal proceedings are a type of hearing held before an immigration Judge. The green card holder will be considered an immigrant, who at the time of admission, was not in possession of valid unexpired document. Again, this is usually based on the green card holder’s absence in the United States.

Where a permanent resident’s absence exceeds the one year mark, and they are placed in removal proceedings, most persons will have the option of requesting Voluntary Departure. Voluntary Departure allows the relinquishing the current application for which the green card is based, and they can go back to their home country. If the request for voluntary departure is granted, then the process for a new green card starts anew.

There are no bars as to how soon one can re-apply after they voluntarily depart. If the alien elects for voluntary departure they forfeit their rights to present a defense to removal, such as asylum, withholding of removal, cancellation of removal, a petition through a family member, or any other pending motions. It is important when voluntary departure is granted that they depart on the date specified by the Judge, otherwise they will be barred from re-entering the United Sates for anywhere between 3-10 years.

There are precautions that one can take if they are in fact they are going to be out of the United States for a period longer than generally prescribed, preventing the whole removal process from even occurring. The primary and most effective way to be outside the United States for more than a year is by having a re-entry permit. A re-entry permit can be issued by filling out a travel authorization (I-131 form) and checking the box that applies. This allows a green card holder to be out of the country for up to 2 years without disrupting their continuous physical presence requirement.

If this option is available to the applicant, they must also fill out an N-470 which establishes that they are not abandoning their continuous physical presence requirement. It should be noted, that a re-entry permit is different from an advance parole which merely lets you travel.

While the possibility of losing a green card can be a hassle, this circumstance is not uncommon and ability to re-apply still allows a person to reunite with their loved ones. If other circumstances arise, or you have other questions, then you should contact an immigration attorney as soon as possible.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

A permanent resident card is normally valid for ten years. On its expiry, you have to go through the Green Card renewal process by filing Form I-90, Application to Replace Permanent Resident Card with the USCIS. Though those renewing expired GreenCards will not be penalized, make sure you renew your card at the earliest without waiting for the card to expire. Form I-90 is also used when you want to change any biographic information on your GreenCard ( if your name has changed because of marriage, divorece, etc.) and also when you lose your card and need a replacement. You will also not lose your permanent resident status if you do not renew/replace your Green Card. Permanent resident status does not expire.

Though permanent resident status does not expire, per immigration laws, you should carry evidence of your status (a valid, unexpired Green Card or temporary passport stamp). If you do not renew your card, you might experience difficulties in getting employment, benefits and re-entry into the United States from abroad. Apply for your new GreenCard before you travel abroad and have with you on any trip the temporary documentation you received. If you try to re-enter the US with an expired Green Card, you might experience a delay during the inspection process at the port of entry,

Additionally, your employers will not accept an expired GreenCard while verifying employment authorization for new hires. You can use other documents that you will find on Form I-9 (Employment eligibility verification form) such as social security card and driver’s license or carry temporary evidence of status, such as an I-551 stamp or even the receipt notice that you received for your I-90, Application to Replace Permanent Resident Card.

A permanent resident is different from a conditional permanent resident. A conditional resident will be issued a card that is valid for two years only. A conditional card cannot be renewed and such card holders have to remove the conditions during the 90 day period before the card expires. You will lose your status if the conditions are not removed. You should file Form I-751 to remove the conditions. Once the application is approved and conditions removed, you will get a permanent resident card that will be valid for the next ten years.

After you send the completed application to the USCIS, you can expect an Application Receipt Notice with a 13-character Application Receipt number in it within 30 days of having filed the application. This notice acts as a proof that USCIS received your Green Card renewal application and that it is being processed. You can also check the status of your application with this receipt number. Subsequently, you also will be intimated about the dates for fingerprinting and your interview date with detailed instructions related to the supporting documents you need to carry.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

Immigration has become a hotly contested issue with strong feeling on each side. Unfortunately, we have allowed our emotions to get the best of us, at the expense of an honest debate. No where is this more clear than with the recent coining of the phrase anchor babies. The term anchor baby refers to a mother who takes advantage of our countries long-standing belief in birth right citizenship by sneaking across the border and having her child here. Birth right citizenship is the Constitutional guarantee that when a person is born within the US they are automatically a citizen, even if their parents entered illegally.

The term anchor baby was created to infer that illegal immigrants have found a way around our immigration laws by having a baby here, who is now a citizen. As a citizen it is falsely claimed that this anchor baby subsequently petitions to bring the rest of the family here. It is implied that once here this family will now take jobs from US citizens or go on welfare and take our tax dollars. The term anchor baby is simply a myth, created to stir up anti immigrant ideology for political gain. The truth is a US citizen baby cannot help an illegal parent’s immigration. This is because no one can petition for another family member’s green card until they are 21 years old.

Because a so-called anchor baby cannot gain a legal status even for their mother until they have turned 21 years old there is little truth in the terminology anchor baby, if anything it should be called anchor young adult. But this is also misleading, if the mother somehow remains in the US illegally without being caught and deported until the child is 21 that child cannot petition for the mother unless the mother leaves the country. Once the mother leaves the country a 10 year bar from reentering is triggered as punishment for her unlawful presence. This means the anchor baby would be 31 years of age when they were able to get their mother or any other family member a green card to the US. Thus, the premise that there is such thing as an anchor baby is patently false.

Moreover, birth right citizenship has been a staple of our country for many decades and it is clearly and explicitly stated in the Constitution. It is entirely possible without it our country would be completely different and many individuals here now would not be. In addition, there would be serious humanitarian issues if ICE was rounding up infants and young children and deporting them to a country they have never been.

In sum, the term anchor baby was created to stir human passions and to make our citizenry feel that our system of laws is being exploited. There is no question that our country has serious immigration problems and that something needs to be done to fix this but creating false terminology is not the answer.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

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.

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 and many more) online. We will make sure your form is 100% error free, before you submit to USCIS.

©2012 E3 Visa. All Rights Reserved.

* 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.

©2012 E3 Visa. All Rights Reserved.

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.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

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.

©2012 E3 Visa. All Rights Reserved.