Archive for the ‘Immigrant Visas’ Category
ALERT: New Appointment System for Visa Applicants in Canada
Starting tomorrow, September 1, 2010, all visa applicants in Canada must use the new appointment service found at http://www.usvisa-info.com/en-CA/selfservice/ss_country_welcome to schedule their visa appointments. This new system will be free of charge, with no requirement that applicants pay for phone charges or PIN numbers to access such services. Appointments that are currently scheduled will remain scheduled as is.
Please contact our San Francisco immigration law office if you have any questions or concerns about this new system.
Tags: Canada, immigrant, nonimmigrant, NVARS, U.S. consulate, visa appointment
Posted in Alerts, Immigrant Visas, Nonimmigrant Visas | Read More »
Do I need a re-entry permit to enter the U.S.?
Re-entry permits are required for lawful permanent residents (“green card holders”) who intend to be outside the U.S. for 1 year or more but who want to preserve their immigrant status. This includes those traveling, working, and/or residing abroad. If a green card holder is going to be outside the U.S. for less than 1 year, a re-entry permit may not be required to maintain status.
Re-entry permits are generally granted for 2 years and cannot be extended. However, a person with a re-entry permit may enter the U.S. before the expiration of the 2 years and apply for a new 2-year period. Applicants must apply for a re-entry permit while physically present in the U.S. Please note that the USCIS requires that biometrics be taken for these applications and it is best to complete the required biometrics before departing the U.S. If not, the USCIS may deny the application if the applicant does not complete the required biometrics in a timely fashion.
Even though a person holds a valid re-entry permit, the Department of Homeland Security (DHS) may still inquire about the person’s absence from the U.S. This is more common if the individual has been living abroad for several years. Please note that if a person stays outside the U.S. for 1 year or more without a re-entry permit, the DHS considers this an abandonment of the green card.
Please contact our San Francisco immigration law firm if you’d like assistance with a re-entry permit or have questions about the requirements or process.
Tags: abandonment, Form I-131, green card, lawful permanent residence, re-entry permit
Posted in FAQ Employment-Based Green Card, FAQ Marriage-Based Green Card, Immigrant Visas, USCIS | Read More »
USCIS Proposes Form for EB-5 Regional Center Applications
There is a new proposed form for submitting EB-5 regional center (RC) proposals. A regional center is defined as an economic unit, public or private, involved in the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. Regional centers aggregate investments from foreign nationals seeking a green card in exchange for investing in the U.S. economy.
Currently, there is no specific form used for RC applications. The USCIS has proposed the new form, Form I-924, Application for Regional Center Under the Immigrant Investor Pilot Program, in hopes to clarify the filing requirements for RC designation and alleviate inconsistencies in RC applications. The new proposals will be sent to the California Service Center in Laguna Niguel, California.
The proposed filing fee for the Form I-924 is $6245 and a supplement (Supplement A) will be required to be submitted each year. This supplement provides the USCIS updates about the RC and addresses reporting requirements. RC re-designation will be required every five (5) years. Please note that any amendments that need to be made (for example, if there are changes to the investments being made) will also be submitted via Form I-924.
Please let us know if you have any questions about this new form. We will be posting again when there are updates to provide.
Tags: EB-5, Form I-924, investor, Regional Center, Supplement A
Posted in Immigrant Visas, USCIS | Read More »
USCIS Proposes Fee Waiver Form
For the first time ever, the USCIS has proposed a standardized fee waiver form, Form I-912 (Request for Individual Fee Waiver), that will provide relief to financially disadvantaged visa and green card applicants.
Highlights of the form include: standardizing the fee waiver request process and setting forth clear criteria for eligibility; providing clear evidentiary requirements and guidance on the application types for which a fee waiver can be requested; and allowing applicants to request a fee waiver for both the underlying visa/green card application and the fingerprint fee with just one form.
The USCIS is currently accepting comments on the form, so the form is not available yet. We will keep you posted on the availability of the form at a later date.
Tags: fee waiver, Form I-912, USCIS
Posted in Immigrant Visas, Nonimmigrant Visas, USCIS | Read More »
VISA FEES TO INCREASE JULY 13, 2010
This is an update to a previous post on June 3, 2010, regarding passport and visa fee increases. The Department of State (DOS) is in the process of developing a final rule regarding its current passport and visa fee structure. The first proposed rule in March 2010 received over 1700 comments from individuals, businesses, advocates and attorneys. As a result, the DOS has developed an interim rule effective July 13, 2010, that will increase various passport and visa fees while they figure out the final rule’s parameters.
The interim rule changes the fees as follows:
1. The application fee for a U.S. passport book for an adult (age 16 and older) is increased from $55 to $70. The application fee for a passport book for a minor (under age 16) will remain at $40.
2. The passport book security surcharge is increased from $20 to $40
3. There will be an $82 fee for adding extra pages to an existing passport (this used to be a free service)
4. The adult passport card application fee is increased from $20 to $30 and the minor passport card application fee from $10 to $15
5. The fee for verifying U.S. citizenship when no evidence is presented is increased from $60 to $150
6. The fee for a Consular Report of Birth Abroad (U.S. citizen birth in foreign country) is increased from $65 to $100
7. The application fee for a family-based visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330
8. The application fee for an employment-based visa (processed on the basis of an I-140 petition) will be $720
9. Other immigrant visa applications (including for diversity visa applicants, I-360 self- petitioners, special immigrant visa applicants, and all others) will have a processing fee of $305
10. The immigrant visa security surcharge will increase from $45 to $74
Please refer to our June 3, 2010 post for the nonimmigrant fee changes currently in effect. Please also stay-tuned for an update on the final rule to be implemented. In the meantime, don’t hesitate to contact our immigration law firm with any questions.
Tags: consulate, Department of State, embassy, immigrant, nonimmigrant, passport, visa fees
Posted in Alerts, Immigrant Visas, Nonimmigrant Visas | Read More »
Do I qualify for the EB-5 category?
The EB-5 category is used by foreign investors who desire to live in the U.S. permanently (in “green card” status). In general, the applicant must invest a minimum $1 million into a new commercial enterprise that will or does employ 10 full-time U.S. citizens or green card holders. The applicant must engage in the new enterprise through day-to-day management or policy formation.
There are two alternatives to the $1 million requirement. The first is if the applicant is investing in a targeted rural area plagued by unemployment. In that case, the investment must be a minimum of $500,000. The second alternative is to invest in an already-established Regional Center for a minimum of $500,000.
The EB-5 category has grown increasingly popular over the recent years perhaps due to the struggling U.S. economy and the ensuing opportunities for investment. The USCIS recently held a stakeholders meeting to discuss the EB-5 category and reported that 955 applications out of 1100 have been approved in FY2010 (i.e. since October 1, 2009 to the present). Some applications remaining pending and only a small percentage have been denied. This means that the USCIS is seeing value in these investments and this category.
If you or someone you know would like to discuss the possibility of obtaining EB-5 status, please don’t hesitate to contact our immigration law firm.
Tags: $1 million, EB-5, green card, investment, investor, Regional Center
Posted in FAQ - EB-5, Immigrant Visas | Read More »
Dominican Republic Now a Separate Category on Visa Bulletin
The U.S. Department of State (DOS) has added an individual category to the visa bulletin for the Dominican Republic (formerly, in the category titled “all chargeability areas except those listed”). The visa bulletin is published every month to summarize the availability of family-based and employment-based immigrant visas (“green cards”) as allotted by Congress.
When a country is separated out, it means that the country has become “oversubscribed” (i.e. the demand for visas (the number of applications on file) exceeds the number of visas available). By separating it out, the DOS informs viewers that the Dominican Republic is oversubscribed at this time and lets viewers know whether visa applicants from the Dominican Republic are facing delays and backlogs in the processing time of their applications.
With the Dominican Republic as an individual category, the categories now are:
1. All chargeability areas except those listed
2. China – mainland born
3. Dominican Republic
4. India
5. Mexico
6. Philippines
To view the current visa bulletin and previous visa bulletins, please see http://travel.state.gov/visa/bulletin/bulletin_5019.html. If you have any questions, please don’t hesitate to contact our immigration law firm for assistance.
Tags: country of chargeability, Department of State, Dominican Republic, employment-based, family-based, visa bulletin
Posted in Immigrant Visas | Read More »
When is it okay to change to a new employer during my employment-based green card process?
A person with a pending employment-based green card petition may change to a new employer once his/her I-140 immigrant petition is approved and the I-485 green card application has been pending 180 days or more. The individual must take a position with the new employer that is the same or similar to the position for which the green card petition was filed. If these elements are met, the green card petition can remain active and pending through the new employer.
The new employer and employee may choose to notify the immigration service of this change. Please note that if the I-140 immigrant petition is withdrawn before 180 days or the immigration service denies or revokes the I-140 approval at any time, the employment-based green card process will most likely result in a denial. Please contact our immigration law office if you have questions about your employment options during the green card process.
Tags: change employer, EB-2, EB-3, employment-based, green card, immigrant petition, permanent resident petition
Posted in FAQ Employment-Based Green Card, Immigrant Visas | Read More »
When do I need a joint sponsor for my marriage-based green card case?
As a general rule, the U.S. citizen petitioner in a marriage-based green card case must show the United States Citizenship and Immigration Services (USCIS) that he/she has sufficient income to ensure that the beneficiary-spouse will not become a public charge (i.e. need welfare benefits, etc.). This information is set forth on what is known as an Affidavit of Support, which is filed at the same time as the green card petition. The petitioner’s income must meet or exceed 125% of the Federal poverty guidelines indicated for petitioner’s household size. The Federal poverty guidelines are updated each year and published by the Federal government. The current guidelines are found at this link: http://www.uscis.gov/files/form/i-864p.pdf. For example, currently, for a household of two, the amount that a sponsor must meet or exceed is $18,212 per year.
If the petitioner cannot meet the income requirements for his/her household size, he/she must have a U.S. citizen joint sponsor for the green card petition, which is typically a family member or friend (although it can be any U.S. citizen willing to jointly-sponsor the beneficiary). The joint sponsor will sign a separate Affidavit of Support and attest that the beneficiary will not become a public charge. The petitioner’s Affidavit of Support and the joint sponsor’s Affidavit of Support will both be included in the green card petition, along with supporting documentation confirming the income stated. Examples of supporting documents include tax returns, recent paystubs, and a letter from the sponsor/joint sponsor’s employer verifying the person’s salary and employment. If you need assistance with your marriage-based green card petition or have any questions about the above joint sponsorship requirements, please don’t hesitate to contact our office.
Tags: green card, I-130, joint sponsor, marriage-based, permanent resident, spouse
Posted in FAQ Marriage-Based Green Card, Immigrant Visas | Read More »
