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Frequently Asked Questions

An EB2-NIW is an immigrant visa category that grants a foreign national lawful permanent residence without the requirement of an employment offer or a labor certificate. The job offer requirement is waived if the candidate can prove that his permanent residence in the U.S. would be of “national interest” and would benefit the country.

Yes, they are both vastly different in terms of their requirements, processing times, and the documentation required for each. Generally, an EB2 visa or other employment-based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor.

An EB2 with NIW, on the other hand, does not require any employment offer. The applicant is not required to go through the labor certification process with the Department of Labor. This is as long as the petitioner (applicant) can prove that their admittance to the United States would be of national benefit.

Any foreign national can apply for an EB2-NIW visa. An immigration attorney is able to complete a strong application package that checks off all of the requirements and makes the appropriate legal arguments. An applicant does not need an employer.

The EB2-National Interest Waiver dismisses the need for a labor certification from the Department of Labor. The labor certification can be costly and takes time to obtain. This visa also waives the requirement of an employment offer. However, all other “entry” requirements must be met in order to become eligible for the visa.

The EB2-NIW visa is offered to foreign nationals who have earned an advanced degree or a degree that is recognized internationally as being equivalent to an advanced degree in a professional field. These persons can also satisfy this educational criterion by holding a Bachelor's degree and possessing at least five years of experience in their profession with increasing levels of responsibility. Applicants for this visa must demonstrate that they have extraordinary qualities in one or more of the following areas: science, technology, mathematics, engineering, the arts, or business, amongst others. According to the EB2-NIW framework, a degree or certification that is higher than a bachelor's degree is considered to be an advanced degree. The applicant can obtain this in the United States at a college or institution that is recognized in the United States, or they can earn an advanced degree that is equivalent to an American advanced degree from another country.

The following individuals are eligible to apply for an EB2-NIW:

  • A foreign national who meets the educational requirements, and
  • A foreign national who meets the three-prong test in the Matter of Dhanasar decision is listed below:

 

  • The proposed endeavor has substantial merit and national importance
  • The applicant is capable of advancing the proposed endeavor
  • Substantial benefits for the “national interest” of the United States

We recommend four LoRs, and this is ideal.

Dependent LoR is from a recommender you have directly worked with or under (supervisor, co-author, professor, research/project leader, etc.)

 

Independent LoR is from an expert in your field with whom you have never work with. However, they may have seen your work in conferences, heard about your work from their colleagues, read your articles in journals, followed your work profile (LinkedIn, Google Scholar, etc.) or used your idea/ research in their own work.

A minimum of 3 independent LoRs

You can prepare the LoRs yourself if you wish to, OR the Recommender himself/herself can write the letter (best option in terms of authenticity). In that case, if you need any template to follow, we can provide you.

If LoR service is included with your package, our legal team will prepare the LoRs for you if you wish.

For each letter you want us to draft for you, we need you to fill out one LoR template with as much relevant information as possible. You can write in paragraphs, bullet points, sentences, etc.

You also need to provide the recommender’s CV. We will draft the letter based on the filled-in template, recommender’s CV, and your profile.

You will need to collect recommendation letters from prominent individuals in your field. The individuals may be your bosses, professors, researchers, or individuals similar to them.

You do not need to be acquainted with all your recommenders. An EXPERT in your field can write you a letter based on your academic and work profile.

We recommend a total of 3 independent LoRs and 1 dependent LoR. And yes, all of them must be from your field of study/ work. These recommendations can come from high-level executives or academic individuals like researchers and faculties.

We highly suggest seeking out your recommenders early in the NIW process.

Our in-house LoR writers will draft the LoRs for you based on the filled-in template you provide. Note that you must provide adequate information and manage the signatures from the recommenders yourself.

No, there are no extra fees for recommendation letters if the drafting service is included with your package.

Your supervisor, top executives, leaders of the field, and distinguished professionals in top management positions with or under whom you have or have not worked with in your field can make recommendations.

You can ask your friends; they can convince their professors to write Recommendation letters for you. Also, there are many Bangladeshi professors in U.S. universities; you can contact them as they usually help. You can also write to different prospective recommenders highlighting your common areas and the significance of your work.

No, the scanned copy or the signed soft copy of the LoR will be sufficient.

The best form of evidence is to have a letter on the recommender’s instutional letterheard. If the recommender has retired, he/she may create their own letterhead and provide that.

We aim to submit the formal updated CV of the recommenders. In case it is ablsolutely unavailable, we can use their institutional profile or LinkedIn.

We prefer physical signature. However in exceptional situations you can input digital signature also.

That is great! It will increase your chance of approval.
TRB is one of seven program units of the National Academies of Sciences, Engineering, and Medicine, which provides independent, objective analysis and advice to the nation and conducts other activities to solve complex problems and inform public policy decisions.

If the number of citations to your work increases after you submit your NIW petition, it can be a positive factor in the decision-making process. This is because an increase in citations can indicate that your work is gaining more recognition and having a greater impact in your field, which can support your claim that your work is in the national interest.

 

However, it's important to note that USCIS officers are instructed to make decisions based on the evidence presented at the time of the petition filing. If you are submitting additional evidence after your initial filing, it may not be considered by the USCIS officer reviewing your case, and your case may be decided based on the evidence that was submitted with the original petition.

If your paper gets published while preparing the application, we will mention it in the petition, and it will have a positive impact on your case.

You need to provide summaries of your work (following our template) of the top projects or research you did which aligns with your future proposed endeavor. If only 3 supports your future endeavor, provide only 3.

Tip: Please spend a substantial amount of time to prepare a strong proposed endeavor.

DS-260 is the next step after the NIW approval as you are outside of the USA. We provide this service for $1200 for principal applicant and $700 for the dependent applicant (if any).

 

We reply as promptly as possible. At most, it will be under 48 hours (excluding weekends).

We have several law clerks and a managing attorney, all of whom will be involved at some point in the process. Additionally, we have a dedicated team for NIW petitions. Initially, you will work with them.

Your responsibility will be to send us the required documents and information when we need them and make the payment of the $500 monthly installment at your convenience. And after the forms are done, you will sign them and mail us. Then we will submit them to USCIS.

It depends on your portfolio. You may proceed now if you have a good number of citations and publications.

There is no problem if you do it from Bangladesh or leave the U.S. after submitting the petition.

It varies most of the time. In general, the copies and documents related to professional membership, license, and professional certificates are submitted along with the basic documents.

You are not required to be residing in the United States to apply. For example, an award-winning researcher in Russia who won acclaim and recognition for their impact could be considered sufficient evidence for an NIW.

Progressive work experience means having at least 5 years of work experience demonstrating growth and advancement in the relevant field.

Yes, having job experience of five years and more will strengthen your petition. But it’s not absolutely necessary in this case.

If a person has at least five years of progressive work experience following completion of a bachelor’s degree, he is technically eligible to apply for NIW. If your experience is not coming from a US-based industry and you do not possess a foreign or Master’s degree, your chances are very slim.

NIW application requires mainstream or industry job experience. Remote work experience will not be applicable.

TA/RA counts as academic or research experience and definitely not an industry job experience.

Yes, you are required to work in the same field that benefits the country's national interest. If you change areas, you risk having your I-485 denied if it’s still under process.

Currently, the approval rate has increased more than before. We have experienced the shortest time of 7 months to get a decision.

If you can deliver all the documents correctly, we expect the time to be 55-60 working days to file the petition.

Certainly, Premium Processing is available, and we provide this service to many of our retained clients. It is necessary for anyone who wishes to do Premium Processing to pay $2,805 to the USCIS for its premium processing fee. As part of the application process, the applicant must pay a $715 filing fee to the USCIS and Asylum Program Fee of $300, which is mandatory. We provide this service to our NIW clients without charging any attorney fees, except for the $30 fee for the Money Order Purchase Service. Consequently, an applicant must pay USCIS a total of $3,820 for premium processing of their I-140.

Processing time for NIW applications typically runs between 3 to 9 months, although this time depends on the assigned USCIS Service Center and the adjudicating officer. In addition, processing times vary as USCIS evaluates each application and supporting evidence on a case-by-case basis.

Yes. After graduation, your chance rate will increase, and it will make the petition stronger.

No, we need the evaluation from USCIS-approved equivalency evaluation bodies. Eg. WES

Kindly publish your thesis paper. The more citations your paper receives, the better your chances will be. Also, if you have U.S. work experience or can get started with work related to your proposed endeavor, that would be greatly beneficial.

There is no requirement for a U.S. degree in order to apply for NIW; however, a min. Master’s degree is necessary.

Due to the flexible characteristics of the NIW, you may be able to qualify without having received awards in your field. Proof of outstanding achievements strengthens your case and may be the difference between approval and denial; it is not grounds for denial alone.

Your previous denial should not have an impact on the outcome, assuming you meet the other qualifications for a National Interest Waiver. This is because the requirements for a PERM application have little bearing on the requirements for an EB-2 NIW.

An advanced degree for the EB2 NIW visa is U.S. advanced degree (degree above bachelor’s) or equivalent foreign degree.

Green Card application under EB2 NIW or EB1A has two steps. The first step is called I-140 and the second step is called I-485. The first step is only for the principal applicants , and our fee is $5,000.

There is no application for derivative in this step; therefore no attorney fee.

However, once the first step gets approved , we move to the second step. For the second step Adjustment of Status(I-485), our fee is $1,200 for the principal applicant (You) and $700 for each derivative if you have a spouse and children.

Our total service charge for NIW is $5,000. In addition, you will be required to pay a USCIS fee of $715, Asylum Program Fee of $300, and mailing fees of approximately $50.

Yes, we are able to assist you with your RFE in this situation. We will charge you $2,000 only for the processing of the RFE response. In the event that you choose to retain our NIW services, a fee of $5,000 will be charged.

Around $50 for the regular shipping process. It might cost $100 or more if you need overnight shipping.

A refund will be issued within 30 days if your case is denied. In that case, the refund policy depends on the money-back guarantee which we offer to the clients according to their credibility.

Yes, it is $500 per month.

Yes, you can start the STEM OPT. The NIW petition (I-140) has no impact on your immigration status.

Yes, it is possible to apply for an OPT extension while your I-140 is being processed.

Submission of I-485 application depends on your current status. If you need a work permit in the next 4/5 months, apply for I-485. But if you do not need any work permit in the next 4/5 months, I would suggest not submitting I-485 and waiting until your I-140 gets approved.

Yes, you can. Your I-140 petition has no effect on traveling outside.

Yes, you can. A letter must be sent to the USCIS stating that you want to withdraw the petition.

There is no impact of the H1B transfer petition on the EB2- NIW application. So, we can proceed with the EB2- NIW application.

If you applied only for the NIW (I-140), your travel would not be affected. However, if you have also submitted an application for I-485 with it, this will affect your travel if that process is ongoing.

Both. You can find more details by searching for the J1 Waiver application on Google. You will find all the necessary information there.

NIW has two steps. The first step is I-140, which is only for you. After your I-140 is approved, the next step is I-485(Green card, EAD, Advance Parole). Here, your spouse will be added as your derivative.

It depends on your VISA status on which you are currently residing in the United States. It has no connection with the I-140 application.

Yes, the NIW petition (I-140) has no impact on your immigration status.

However, if you file I-485, you cannot apply for OPT or an extension of OPT until the I-485 application is decided.

Usually, it takes 7 months. But depending on the service center, it often takes more than a year. You can certainly concurrently file I-485. The benefit is that you will receive EAD and advance parole under which you can work and travel. However, there are some risks involved. Since I-485 is an immigrant application, your F1 status will be abandoned. You will not be able to apply for any non-immigrant status (e.g. OPT) while your I-485 is pending. In case your I-140 is denied, you will be out of status. Filing only I-140 will not affect your non-immigrant status. We recommend concurrent filing for those who are nearing the end of their non-immigrant status.

Yes, it is included in the value. We do not charge separately for our retained clients.

The answer is you can appeal for the application to get approved.

Attorney fee is $5,000, USCIS filing fee is $715, Asylum Program Fee of $300, and shipping fee is around $50.

No, we will not cover the USCIS fees in that case. We will cover the attorney fee only.

EB3 is the third category of employment based immigration visa that allows a foreign applicant and his/her family (spouse and children) to permanently come to/reside in the USA and work by obtaining a green card.

EB3 visa has different categories, which may or may not require any previous educational qualification depending upon the individual category. The highest educational qualification for the EB3 category is a bachelor's degree.

EB3 visas have different categories, which may or may not require any previous professional experience depending upon the individual category.

Currently, our attorney fee for the total process is $7,700 (PERM: $5,000, I-140: $1,500, I-485/IVP: $1,200). In addition, the client will need to pay for job advertising fees, USCIS fees, and document shipping costs. The PERM process doesn’t require any USCIS fee, but an advertisement fee of $500-$5,000 must be paid, depending on the job location. The USCIS fee for Form I-140 is currently $715, with an additional $2,805 for optional premium processing. A $600/$300/$0 fee must be paid along with Form I-140 as an Asylum Program fee, depending on the size and nature of the entity. For Form I-485, the current USCIS fee is $1,440 for each adult and $325 for IVP for each applicant. Please note that some additional fees might be required. Check our Legal Fee section for more detailed information.

Yes. $700 for each additional family member when the final stage of the Green Card application is being processed.

If you are the principal applicant, the total cost for your wife and two children during the I-485 or IVP (consular processing) will vary. For the I-485 application, the attorney fee is $700 for each dependent, totaling $2,100 for three people. The USCIS fee is $1,440 for each adult and $950 for each child under 14, resulting in a total range of $3,340 to $4,320. There is an additional optional fee of $260 for each I-765 and $630 for each I-131 application. For the IVP (Consular Processing), the attorney fee is $700 for each dependent, totaling $2,100 for three people, and the IVP fee is $325 for each applicant, totaling $975. The combined total for attorney fees and IVP fees would be $3,075. Visit Legal Fees page

As a law firm, we don’t provide an employer for EB3. However, we have a sister concern company (Great American Recruiter) that finds employers for interested clients and carries out the full process of EB3. You can reach out to them at info@greatamericanrecruiter.com. Please note that the Great American Recruiter has a different pricing structure.

Yes, you can be eligible for an EB-3 visa if you are in the U.S. on a B1/B2 visa, but it involves several steps. First, you need to obtain a full-time job offer from a U.S. employer and have them secure a labor certification from the Department of Labor (DOL). Your employer must then file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). It is essential to maintain legal status while in the U.S. If you are already in the U.S., you can apply for an adjustment of status (Form I-485). Alternatively, if you are outside the U.S., you can undergo consular processing at a U.S. embassy or consulate to obtain your EB-3 visa. Please note that the Priority date must be “current” before processing I-485 or DS-260.

Yes, you can be eligible for an EB-3 visa if you are on an F1 (student) or F2 (dependent) visa. The process involves several key steps. First, you need to obtain a full-time job offer from a U.S. employer who must then secure a labor certification from the Department of Labor (DOL). Next, your employer must file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). It is crucial to maintain your legal status while in the U.S. If you are in the U.S., you can file for adjustment of status (Form I-485) when an EB-3 visa becomes available. If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate.

If you are staying in the USA, you can apply for both. However, since an EB3 immigration visa takes more than a year due to prevailing wage determination and PERM processing, we advise you to first apply for an H4 application and then file an EB3 application.

Yes, you can apply for an EB-3 immigration visa if you are an asylee or if your asylum status is pending in the USA, but there are specific considerations to keep in mind. First, you need a full-time job offer from a U.S. employer who will secure a labor certification from the Department of Labor (DOL). Your employer must then file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). If you have been granted asylum, you can apply for adjustment of status to permanent resident (Form I-485) once an EB-3 visa becomes available. If your asylum application is still pending, you can apply for adjustment of status if an EB-3 visa becomes available and your Form I-140 is approved. However, maintaining lawful status is crucial during this period. It is important to maintain your current status while your EB-3 application is being processed. The complexity of applying for an EB-3 visa while having an asylum application or status requires careful navigation.

Self-sponsoring may result in a complicated case adjudication by the USCIS and bears the risk of denial.

While they can legally sponsor you, being sponsored by immediate relatives or family members bears the risk of a complicated case adjudication by the USCIS and can result in a denial.

You may always have the option to change your job irrespective of the PERM procedure stage. However, in most cases, changing the job during the PERM process or after PERM approval means you may have to go through the PERM process all over again. PERM certification is not related to a specific employee, and it is tied to a specific job. That is why a new job will almost always require new PERM certification. Having your employer file the I-140 immigration petition is the second stage in the process and happens once PERM labor certification has been approved. Changing jobs at this stage in the process will almost always require your new employer to file a new PERM and then a new I-140 petition.

One of the big exceptions to this is if the new employer company is a successor in interest to the original employer company. This involves an understanding and analysis of mergers and acquisitions laws. Another exception involves the American Competitiveness in the Twenty First Century Act (AC-21). If the foreign worker fulfills the mobility requirements under Section 106 of the American Competitiveness in the Twenty First Century Act (AC-21), then the new employer will not need to file a new I-140 petition. Rather, they can move to a new place of employment upon the passing of 180 days after the filing of the adjustment of status (I-485) application.

Yes, you can change your address at any time during the process. However, please note that you will have to file AR-11 and inform USCIS about the change of address within 10 days of moving.

It is realistically impossible to assure 100% approval since the final adjudication comes from the USCIS. However, we can predict the outcome with more than 90% assurance.

If you adjust your visa in the USA, you may or may not have to attend an interview. However, if you are applying from outside the USA, you will have to attend an interview at the US embassy or consulate.

Yes, you can travel unless you file form I-485. However, please note that if you travel outside the USA before filing Form I-485, you will have to wait for at least 90 days to file Form I-485 after your return to the USA. Once you file form I-485, you cannot travel outside the USA until you receive the advance parole (approval of I-131). Please note that traveling outside the USA without prior approval and proper return documentation may jeopardize your green card application.

The timeline varies based on the individual case. But typically, it takes approximately 3 years to complete the entire process. Please see the timeline flowchart below to get an idea about the timeline of EB3.

 

You can only expedite the I-140 adjudication with premium processing by paying a $2,805 USCIS fee and filling the form I-907. However, there is no premium processing for the prevailing wage determination, PERM, or I-485. Nonetheless, you can make an expedition request if your I-485/I-765 adjudication decision exceeds the average processing time at the designated service center.

While denial of an adjustment of status application generally leads to immediate deportation from the USA, the ultimate course of action varies based on the individual case. Please contact us immediately if your EB3 application is denied.

Yes, you can appeal to reconsider your case by filing form I-290B and paying the USCIS fee. Please note that you will have to appeal within 30 days of the notification of the decision or 33 days if you received the notification by mail.

Whether you can file an I-485 application at any given time or not, depends on your priority date being current. The Department of State updates the visa bulletin every month to include the updated dates for filing for visa categories. If the priority date is earlier than the listed date of filing, the priority date is then considered current. If your priority date is current, then after you have received a "Receipt Notice" for your I-140 petition, you may file your I-485 green card application.

Generally, the priority date is the date on which a prospective immigrant's petition is filed (sometimes it differs with the filing date) with the U.S. Citizenship and Immigration Services (USCIS) or with the Department of Labor for certain employment-based visas. The priority date is crucial because it establishes an individual's place in line for visa processing, especially in cases where the number of visa applications exceeds the available visa quotas. You can find the priority date in your I-140 Receipt notice or in the approval notice.

Filing the I-140 and the I-485 applications at the same time is called concurrent filing. Concurrent filing is only possible in 2 specific scenarios:

  • If the date listed in the visa bulletin for your particular category is listed as “C” or your Priority Date is current at the time of filing the I-140 and I-485 applications together.
  • If you have an older I-140 petition with a current priority date, and you are now filing a new I-140 petition and are planning to port the priority date of the newer petition to the older, current priority date.

Except for these 2 scenarios, it is not possible to file the I-140 and I-485 at the same time. You will have to file the I-140 petition first, and then file the I-485 application once you receive the receipt notice of the I-140 petition.

The I-485 processing times vary between cases. Mostly it depends on the USCIS field office dealing with the particular case. Depending on the caseload at the field office, it can take anywhere from 8 to 14 months or more for an I-485 application to be approved. The processing times also depend on the basis of the I-485 application, i.e., whether it is family based, employment based or asylum based.

You only need to state your prior traffic violations in your I-485 application in 3 specific scenarios:

  • If you have any traffic/parking/speeding tickets with a fine of $500 or more
  • If you were called to court regarding your traffic violation,
  • If your citations include any Alcohol or substance abuse concerns.

If your citation does not fall under one or more of the above categories, you do not need to state it in your I-485.

Upon receiving I-485 approval, the applicant is mailed a Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship.

After your I-485 is filed, you will receive a receipt notice from USCIS. After that you will get another notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. And then finally, you will receive another notice for either the approval or in some very limited cases, an interview.

If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are various options available to applicants (depending on the reason for denial), including a motion to reconsider or reopen, appealing the decision, and re-filing.

Applicants have to attend an ASC appointment interview as part of their I-485 approval process. During this appointment, the applicants’ biometric information is obtained by the USCIS. In some rare cases, the USCIS may also ask the applicants to attend a green card interview before issuing the green cards. This is usually done by USCIS to sort out inconsistencies in the information provided by the applicants. When the interview of an applicant might occur depends on the field office that is dealing with that particular applicant’s case.

All USCIS field offices and service centers have average case processing times for each type of application. If you think your case is pending for a long time, you should first check if the case has been pending for longer than the average case processing time for that particular service center or field office. If it is, in that case, you may file an e-request to USCIS to expedite the application process. You may also file a writ of mandamus petition to expedite the case process if the case has been pending for more than 1-2 years.

Yes, you can stay in the US in “pending I-485” status while your I-485 application is being processed by the USCIS. As a matter of fact, you can not leave the US with a pending I-485 application without the advance parole.

As OPT and STEM OPT are nonimmigrant benefits and the I-485 application is the application for an immigrant benefit (your green card), generally the better option is to apply for OPT/STEM OPT first, and file the I-485 application after receiving the OPT/STEM OPT approval. However, you may also file the I-485 application first and then apply for the OPT and/or STEM OPT. However, the applicant has to keep in mind that there is a chance that your OPT/STEM OPT application will be denied if filed after the submission of the I-485.

Tax Return Files are not mandatory or required for the Employment Based I-485 Application. However, if your spouse is a beneficiary of your application and you have a joint Tax Return File or your spouse’s name is mentioned in your Tax Return File then you should submit it as evidence of shared life.

An A-Number (Alien Registration Number) is a seven- to nine-digit number that can be found on a variety of documents from U.S. Citizenship and Immigration Services (USCIS) or the former INS. USCIS uses the Alien Registration Number to track the immigration files for immigrants (and some nonimmigrants). You can find your A number on the EAD card, I-140 Approval Notice, Green Card, naturalization certificate etc.

A valid passport is not necessary at any point during the I-485 application process. You just need to bring your most recent passport, which will be considered by the ASC officers as a photo identification.

Yes, you can, you only need to submit a short explanation to the NVC through the public inquiry form that you wish to file an I-485 application with the USCIS instead of going through the IV Processing.

As a rule, you may only use a nonimmigrant visa to travel to the US for the purposes stated in the visa. For example, B-1/B-2 visitors may only travel to the US for temporary visits related to pleasure or business. They must return home after the purpose of the visit is concluded and/or the authorized stay expires. To prove to the immigration authorities that you did not travel to the US specifically to adjust your status, you shouldn’t adjust your status within the first 90 days of your stay in the US. However, there are exceptions for certain visas.

If the immigration authorities believe that a non-immigrant visa holder (F-1, B1/B2, J-1) engaged in activities inconsistent with their visa status within the first 90 days of their entry into the US, it can lead to the presumption that the individual willfully misrepresented their intent at the time of entry. This rule is called the 90-day rule.

This rule applies to nonimmigrants (for example- F1, B1/B2, J1, etc.) who are in the United States on a temporary visa. If found to have violated the rule, their application for permanent resident status (I-485) may be declined, and their visa revoked.

When you’re counting 90 days, it’s crucial to count it the correct way (and most importantly, the way the USCIS does). The best way is to take your most recent I-94 travel record and add at least 90 days to the most recent entry date to the US. To be on the safe side, you can add 100. Both working days and holidays are counted in the 90-day rule.

For the employment based I-485 application, you will need the following documents from your employer:

  • For EB3 PERM applications, you need a job offer letter, an employment verification letter, an approved PERM labor certification and a signed I-485J form, all signed by your employer.
  • For EB2 applications without NIW, you need a job offer letter, an employment verification letter and a signed I-485J form, all signed by your employer.
  • For EB2 NIW applications, you need a job offer letter and an employment verification letter, all signed by your employer.
  • For EB1 applications, you do not need any documentation from your employer.

If you are currently a PhD or graduate student and are contributing as a research assistant or teaching assistant, you can state that as your current occupation. Please make sure the field where you are working currently - remains the same as the I-140.

Any relative who was 18 years or older at the time of the applicant’s birth can provide the affidavit of birth.

Pictures on the affidavit of the birth letter are not mandatory. But the letter must have the affiant’s signature.

I-130

There is no limit on the number of petitions a petitioner can file. A petitioner, as a US citizen or Lawful Permanent Resident, can file an I-130 petition for each qualifying relative.

Yes, you can file an I-130 petition without a valid passport for the beneficiary. But we suggest either applying with a passport or getting the passport before submitting the application.

Moreover, you cannot apply for I-485 without a passport.

No, it will not.
Your parents just have to sign an affidavit regarding the name discrepancy. Moreover, in the family-based US immigration, your NID doesn’t hold any value to the USCIS.

If you believe your I-130 was unfairly denied, you may be able to appeal to a separate body, the Administrative Appeals Office (AAO), within 30 days from when the notice was sent or you can file a motion to reopen the application.

Unfortunately I-130 petitions do not have premium processing service. Premium processing is not available for I-485 either.

You can submit a special request to the USCIS to expedite your application process under special circumstances. USCIS usually only considers expediting on the ground of financial hardship, USCIS errors, urgent humanitarian or U.S. government interests.

Yes, you should let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.

Green Card application for spouse

You cannot petition for your spouse unless the marriage has been consummated.

If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A.

You can apply any time after your marriage provided you submit enough evidence of bona-fide marriage and joint documents.

You can still apply for your spouse’s green card without any joint documents if you have other evidence such as a marriage certificate, marriage affidavits, relationship photographs, and timeline of relationship.

Yes, you can, if you are an immediate relative of a US citizen and your unlawful stay period is less than 180 days.

However, if your unlawful stay period is more than 180 days, then you have to fill out I-601/I-601A first and then apply for the green card.

If you are filing an I-130 application for your spouse, they must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. Note that they don’t have to sign the I-130A if they are outside the USA.

 

Fortunately, for a citizen's spouse, the filed I-130 petition does not get revoked after the death of the spouse petitioner, rather it gets converted into an I-360 petition, Petition for Widow(er) of US Citizens.

If you lack one of the primary documents required, such as a Marriage certificate, you must submit other secondary evidence, such as joint documents or affidavits. And also a letter from the appropriate authorities confirming why that document does not exist.

While you are waiting for the I-130 petition to be approved, your spouse may be able to travel to the United States on a non-immigrant visa such as B1/B2 or F1. However, it's important they make it clear to the immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).

 

Yes you have to let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.

You can submit I-130 and I-485 together, only if you are a citizen or if your priority date is current.

You can also file the I-130 now and submit the I-485 later, either after the approval of I-130 or while it is still pending, given that your priority date is current.

For citizens, priority dates are always current for marriage based green card applications.

Yes you have to let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.

Green Card Application for Children

If you are a citizen, you can petition for your married and/or over 21 (adult) children.
However, if you are a Lawful Permanent Resident, you can only petition for your unmarried (under or over 21) children, but not for the married children.

No, you don’t have to. Your children can be included as derivatives on their parent’s I-130 petition if your child is unmarried and under 21 years of age.

Note that, it won’t be the same if you are a citizen. You will have to file separate petitions for your spouse and each child.

If your step child was under 18, at the time of your marriage to their natural parent, you can petition for them.

If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before getting a green card, USCIS will deny or automatically revoke your petition. (Because LPRs are not eligible to petition for their married children even if they are under 21.)

If you are a citizen, the petition will not be revoked automatically when the child gets married. But the visa category changes from F1/ IR2 to F3 which means it would take longer than before.

If you filed for a Green Card for unmarried adult children when you were a permanent resident but then naturalized and became a U.S. citizen, NVC (National Visa Center) can convert the visa category from F2B to F1.
If your child was in F2A category (under 21, unmarried), then it will move to Immediate Relative when you naturalize (if they don’t age out).
If they Age out (become >21), then it will move to the F1 category.

CSPA is counted. CSPA is a process of calculating the beneficiary’s age even when they are aging out. It basically freezes the beneficiary’s age when the priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration petition is pending).

If you lack one of the primary documents required, such as a birth certificate, you must submit other secondary evidence, such as school records, vaccination records or affidavits. And also a letter from the appropriate authorities confirming why that document does not exist.

While you are waiting for the I-130 petition to be approved, your child may be able to travel to the United States on a non-immigrant visa such as B1/B2 or F1. However, it's important they make it clear to immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).

Yes, you should let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.

Green Card Application for Parents

Unfortunately, only citizens can petition for parents and siblings.

Yes, you always need separate petitions for each of your siblings.
You also need separate petitions for your father and mother.

If the marriage between your step-parent and natural parent that created the relationship took place after you turned 18 years of age, then you cannot. But if you were under 18 at that time, you can apply for your step-parent.

If you lack one of the primary documents required, such as a birth certificate, you must submit other secondary evidence, such as school records, vaccination records (where both of your parents’ names and your date of birth are mentioned) and affidavits. And also a letter from the appropriate authorities confirming why that document does not exist.

While you are waiting for the I-130 petition to be approved, your mother may be able to travel to the United States on a non-immigrant visa such as B1/B2. However, it's important they make it clear to immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).

Green Card Application For siblings

Yes, you always need separate petitions for each of your siblings.
You also need separate petitions for your father and mother.
Parents are immediate relatives. And immediate relatives cannot have any derivative applicants (such as spouse or children) in their petitions.

No. The spouse and children of your sibling become the derivative applicants on your siblings’ petition.

In case of Adjustment of Status, the spouse/child of the beneficiary can directly apply as a derivative applicant. Nothing else needs to be done.
In case of IVP, you will need to add the derivatives in CEAC by submitting an NVC public inquiry form or via the embassy.

CSPA is counted. CSPA is a process of calculating the beneficiary’s age even when they are aging out. It basically freezes the beneficiary’s age when the priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration petition is pending).

Yes, you can. But the stepbrother has to be under 18 at the time of the step parent’s marriage to their natural parent.
Note that this rule does not apply to the half-sibling relationships.

CSPA is counted. CSPA is a process of calculating the beneficiary’s age even when they are aging out. It basically freezes the beneficiary’s age when the priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration petition is pending).

Unfortunately, in case of principal beneficiary’s death, an I-130 petition for alien relatives is automatically revoked or denied.

If the petitioner dies after the approval of the I-130, then the principal beneficiary can apply for a humanitarian reinstatement.
However, if the petitioner dies when the I-130 is still pending, the principal beneficiary or the derivative beneficiary can seek relief under 204(l). But the primary/derivative beneficiary has to reside in the USA at the time of the death of the principal beneficiary and continue to reside in the USA for seeking relief.

If you lack one of the primary documents required, such as a birth certificate, you must submit other secondary evidence, such as school records or affidavits where both of your parents’ names are mentioned. And also a letter from the appropriate authorities confirming why that document does not exist.

While you are waiting for the I-130 petition to be approved, your sibling may be able to travel to the United States on a non-immigrant visa such as B1/B2 or F1. However, it's important they make it clear to immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).

Affidavit of Support (I-864)

This form is legally required for family-based i-485 or IVP applications to show the petitioner/joint sponsor has adequate means of support the beneficiary after immigration to the United States.

A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.

Domicile is a complicated issue that must be resolved on a case-by-case basis. A petitioner who is residing abroad must have a primary residence in the United States and intend to maintain that residence for the foreseeable future in order to qualify as a sponsor. Sponsors who are lawful permanent residents (LPRs) must demonstrate that they are maintaining their LPR status.

No, the law requires sponsors to be domiciled (live) in any of the United States, the District of Columbia, or any of the United States' territories or possessions.

To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal Poverty Guidelines for your household size. The income requirement can vary depending on the household size, the sponsor’s residence, and whether the sponsor serves the U.S. Armed Forces or not.

Petitioners who are unable to meet the income criteria have the following options:

  • Use the income of the intending immigrant.
  • Find a "joint sponsor" who agrees to financially support the visa applicant as well,
  • Use the income of a household member to meet the Poverty Guidelines.
  • Use the household assets to meet the income criteria.

Financial sponsors can only include assets that can be converted into cash within one year and without causing significant hardship or financial loss to the sponsor or his or her family. Savings, stocks, bonds, and property are examples of assets that are easily convertible to cash. Sponsors are allowed to include the value of their house. They may not include the value of their vehicle unless they can demonstrate that they have more than one and that the primary vehicle is not included as an asset.

Your obligation to support the immigrants you are sponsoring in this Affidavit of Support will continue until the sponsored immigrant becomes a U.S. citizen.

In order to work while your I-485 application is pending, you need a work authorization from the USCIS. In order to obtain this, you need to file the I-765 application with the I-485 application.

The I-765 application is filed to obtain work authorization for the applicant. Upon approval of this application, the applicant is granted an EAD card, which allows them to work while their green card is pending.

Just like I-485 applications, the processing times for I-765 applications vary between different USCIS service centers and benefits centers. In general, it takes around 6-7 months to receive approval.

If you submitted Form I-765, Application for Employment Authorization, along with your Form I-131, Application for Travel Document, as a part of your adjustment of the status package, the EAD and advance parole travel document are generally combined on a single combo card. With the combo card, you are considered an adjustment of status applicant who may work in the United States and travel outside the U.S. according to the criteria of advance parole.

The filing fees for Form I-765 is $260 if filing along with the I-485 application or under a pending I-485 application.

Many applicants want to travel abroad while their I-485 is pending to visit family, take a vacation, or even tend to urgent matters. Generally, an AOS applicant that leaves the United States without advance parole will abandon the I-485 application and will likely have trouble reentering. That is why applying for I-131 for advance parole along with I-485 is necessary.

The filing fees for Form I-131 is $630 if filing along with the I-485 application or under a pending I-485 application.

Yes, you can travel while Form I-485 is pending if USCIS has granted you Advance Parole. Remember that, if you travel before approval of Advance Parole (I-131), your I-485 will be denied.

The date that is entered in the I-131 application as the date of travel is a tentative date. The length of the trip is also approximate. You do not have to put in your exact travel date, nor do you have to follow that exact date while planning for a trip.

USCIS may expedite your application if you have a dire emergency and can provide evidence for the urgent need to travel (e.g., medical documentation, death certificate).

You may be able to obtain an emergency Advance Parole Document if one or more of the criteria below have been met:

  • Severe financial loss to company or person;
  • Emergency situations;
  • Humanitarian reasons;
  • A nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
  • Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.);
  • USCIS error; or
  • Compelling interest of USCIS.

When traveling with advance parole as an adjustment of status applicant, you need to remember to:

  • Take your original Advance Parole Document
  • Take a photocopy of the I-797C Notice of Action confirming that your I-485 application was accepted.
  • Return before the deadline on your Advance Parole Document – leave extra time in case of travel delays

Form I-485, Application to Register Permanent Residence or Adjust Status, includes questions related to whether the applicant is subject to the public charge ground of inadmissibility under INA section 212(a)(4).

Except for some special applicants, every I-485 applicant is subject to the public charge ground of inadmissibility.

USCIS evaluates factors such as the applicant's age, health, family status, assets, resources, financial status, and education and skills to assess their likelihood of becoming primarily dependent on the government for subsistence.

Public cash assistance for income maintenance and long-term institutionalization at government expense are considered when determining if an applicant is inadmissible to the US under the public charge inadmissibility grounds.

Yes, USCIS considers an applicant's assets and resources as part of the factors assessed to determine the likelihood of becoming a public charge.

USCIS considers an applicant's education and skills as factors that may influence their ability to secure employment and financial independence in the United States.

Generally, USCIS does not consider non cash benefits in making public charge determinations. The only non cash benefit they consider is long-term institutionalization at government expense. They also do not consider special-purpose cash assistance that is not intended for income maintenance.

Yes, certain humanitarian categories such as refugees, asylees, and victims of trafficking or qualifying criminal activity are exempt from the public charge of inadmissibility.

Failure to disclose relevant information can lead to delays or denials in the application process.

Disclose this information on Form I-485 and explain the circumstances in the additional information section.

Yes, household income and assets of all included family members must be disclosed, excluding specific illegal sources.

Yes, all applicants filing Form I-485 must undergo a public charge assessment. This includes providing information about their financial status, education, skills, health, and other relevant factors.

Receiving certain public benefits may raise concerns about the applicant's ability to support themselves financially in the future. It's essential to understand which benefits are considered and consult with immigration counsel if you have concerns about your eligibility.

Certain categories of applicants may be exempt from the public charge rule or eligible for waivers, such as refugees, asylees, and certain other humanitarian cases. It's essential to review the specific eligibility criteria and consult with immigration experts if you believe you qualify for an exemption or waiver.

If you are married to a U.S. citizen for three years and have been living in the U.S. with your spouse as a permanent resident for at least three years, you may be eligible for naturalization to become a U.S. citizen. In other cases, you will have to wait at least five years as a permanent resident before you can naturalize.

You must live within the state or USCIS district from which you are applying for at least 3 months before filing.

You have to be at least 18 years of age at the time of filing (except active duty members of the U.S. Armed Forces).

You have to maintain continuous residence for a required period of time. If you are filing form N-400 (naturalization application) because you have been a green card holder for 5 years or more, then you need to maintain physical presence in the United States as a permanent resident for at least 30 months. On the other hand, when you apply for naturalization because you have been a parliament resident for 3 years, but you are married to a US citizen, then you need to maintain physical presence as a green card holder for at least 18 months.

You might be able to apply for naturalization even if your green card is expired. USCIS does not explicitly ask for a valid or unexpired green card for citizenship application. Many have been able to get their citizenship while filing N-400 (naturalization application) with an expired green card. However, you should consult an immigration attorney if your green card is already expired and you want to file for naturalization. Another option is, you can submit form I-90 to renew or replace your current green card, and then file for naturalization with the receipt notice of your pending I-90 (Application to Replace Permanent Resident Card ).

A conditional green card remains valid for a two-year period. A permanent green card is valid for ten years; otherwise, the two cards offer the same rights and privileges. You can apply to remove conditions from your conditional green card before the expiration of that conditional green card. If USCIS approves your condition removal application, you will be given a permanent resident card.

In short, no. You have to become a permanent resident from a conditional residence before you can apply for N-400. However, if you have already applied to remove the condition and you have a receipt notice for this application (I-797C-Notice of Action), then you can apply for naturalization with the receipt notice.

You can legally change your name when you naturalize. You need to input your name change request in the forms and submit evidence regarding the matter if you want to legally change your name.

Yes. You can legally change your name after filing your application for naturalization with USCIS. If your name has changed after you filed a naturalization application, you must promptly provide USCIS with the documents that legally changed your name, such as a marriage certificate, divorce decree, court order, or other official records.

Yes. You need to provide your residence history for the last 5 years till your naturalization application.

Yes, you need to provide your every employment for the last 5 years till your naturalization application. You will also need to mention this even if you were unemployed during this time.

Yes, you need to provide information about your every child regardless of whether they are alive, missing, deceased; born in other countries or the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.

If one of your parents (or both) were citizens when you were born abroad, you may automatically become a U.S. citizen.

You can naturalize through the N-600 application if you are under 18 years old and one of your parents becomes a US citizen through naturalization.

Good moral Character is one of the crucial requirements for naturalization as a US citizen. A lot of behavior and conduct can be considered by USCIS as a bad moral character which is not necessarily a criminal offense. Here are some examples of conduct that demonstrate a lack of good moral character- Any crime against a person or property or the government with an intent to harm or fraud, Two or more crimes for which the accumulated sentence was more than 5 years, violating any controlled substance abuse act, habitual drunkenness, illegal gambling, polygamy, failing to pay court-ordered child support or alimony, lying to gain the immigrant benefit, persecution of a person based on their religion, race, sexual orientation, political opinion, etc.

Confinement in prison, jail, or similar institute for 180 days or more in the past 5 years might demonstrate a lack of good moral character.

There are certain crimes that not only show a lack of good moral character but also may cause you to be permanently ineligible for naturalization. Generally, the offenses that can cause such permanent bars are- murder, any aggravated felony if you are convicted on or after November 29, 1990, genocide, torture, persecution, or severe violation of religious freedom.

The USCIS's definition of an aggravated felony covers a wide range of offenses, including some you might assume, such rape, child pornography, sexual assault on a child, trafficking in drugs or weapons, racketeering, operating a prostitution business, and $10,000 or more in fraud.

Yes. You should mention all the offenses you committed in your N-400 form in the designated spaces even when your criminal record is expunged (removed from your record) or the crime was committed before your 18th birthday. If you hide any information regarding this and it is found out by USCIS later there is a good possibility that your application might be denied.

If you have been arrested or convicted of a crime, you must submit a certified copy of the arrest report, sentencing, court deposition, and other relevant documents. The only exception to this rule is a traffic citation if it was not a drug or alcohol related and the fine was under $500. In that case, you do not need to submit any documentation regarding this.

Yes, it is illegal for an immigrant to marry someone just to get a green card or citizenship or any other immigration. These unions are additionally characterized as sham or false unions. According to the United States Citizenship and Immigration Services (USCIS), this is a federal offense with serious repercussions for the offender, a citizen of the United States, as well as other convicts.

Both the American citizen and the immigrant will be prosecuted if found.

  • For the Immigrant: If found guilty of marriage fraud or a sham marriage, the immigrant will face serious consequences. A person who intentionally and knowingly enters into a marriage with the intent to evade any immigration legislation is subject to a five-year maximum prison sentence, a fine of no more than $250,000, or both, according to INA 275 (c).
  • For the U.S. Citizen: From a citizen's perspective, there are two sorts of marriage fraud. They knew the marriage wasn't legal going into it, or they didn't know what the foreign spouse's intentions were. As opposed to the former, which is a false marriage, the latter is marriage fraud. Depending on the level of involvement, the citizen may be subject to fines, jail time, or both. They're likely to face serious charges if they agreed to be married in exchange for money or other benefits.

The USCIS places a high priority on checking the real marital situation for possible fraud due to the surge in marital fraud throughout the years. To stop them, it collaborates with a number of allied organizations, such as ICE and NVC.

A bona fide marriage was entered in “good faith.” This practically means that spouses were in love with each other, and they intended to stay together forever, not until a foreign spouse gets a green card. Such marriage differs from a marriage which took place to take advantage of U.S. immigration laws unjustly, otherwise known as a fraudulent marriage.

If you are a green card holder and you want to file for naturalization based on your marriage to a US citizen, you must have been married to your U.S. citizen spouse for at least three years before submitting your N-400 application. This clause stipulates that you must have been married to your citizen spouse for the whole three-year period prior to filing. If you and your spouse truly live together, USCIS will regard the two of you as "living in marital union." However, this does not mean you and your US citizen spouse need to physically live together the entire time.

  • If your U.S. citizen spouse dies at any time prior to you taking the Oath of Allegiance.
  • If you or your spouse terminated the marriage through divorce or annulment,
  • If you are no longer actually residing with your U.S. citizen spouse following a separation.

Yes. You will have to mention every trip duration outside the USA for the last five years till the naturalization application. Every 24 hours spent outside the USA will be counted as a trip day.

The number of your trips outside the USA and length of those trips can affect your naturalization application immensely. If you are filing Naturalization based on 5-year- permanent residency, you must be physically present in the USA for at least 30 months in the last 5 years. If you are filing N-400 based on 3-year-permanent residency, you must be physically present in the United States for at least 18 months in the last 3 years. When counting the total number of days spent outside the country, include all the trips you took outside the USA in the last 5/3 years.

No trip outside the United States in the last 5 years (3 years in case of marriage based naturalization) should last more than 6 months as it brings complications in the Naturalization process. If any of your trips last more than 6 months but less than 1 year, you will have to provide proof of maintaining residency in the United States during the time of absence. You should consult an experienced immigration attorney, if your situation is like this.

No. Any single trip should not last more than 1 year, if you have a naturalization plan in the foreseeable future. If you have a trip longer than 1 year, your continuous residency will break. That means, the countdown of your 5-year/3-year green card holding period will start over from the day of your return to the USA .

Physical presence refers to the total number of days you spent in the country as a permanent resident prior to filing the naturalization application (form N-400). Continuous residence refers to the period of time you have lived as a green card holder in the US without taking any single trip that might "break" that continuity for naturalization purposes. For example, if you take any trip outside the USA that lasts more than 6 months, the amount of days you have spent in the USA as a green card holder prior to this trip, might not be counted towards your eligibility for naturalization thus breaking your continuous residence.

After the first and second steps of the naturalization process are complete, that means applying and getting biometrics done USCIS will send you an appointment notice with the date and time of your interview.

You will get to know which USCIS field office you must go to for your interview from the appointment notice. The location of your appointment will be determined by the ZIP code you provided in the “Current Physical Address” section of your N-400 form.

To notify USCIS about your current address change, you will need to fill up AR-11 and submit it online. It is a very easy process with no fees involved. All the information you will need is your new address, old address, A-number, and Receipt number of pending N-400. You must do it within 10 days after you move to your new address. Keeping your current address up-to-date in this way will help you get all the important notice from USCIS including the interview appointment notice.

Yes. You should bring certain original documents to your interview. Examples of these documents include; original birth, marriage, divorce, final adoption, and naturalization certificates; court orders/decrees; evidence of child support payments; court-certified arrest reports; and probation/parole records. Certain certified copies of documents can also be provided.

You may bring a representative, or an interpreter (if needed) with the appropriate paperwork such as submitting the G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) form with your N-400 form. Moreover, you may take a family member or friend with you, clarifying the reason why you need their support during the interview.

You can be asked anything in the interview. However, keep in mind, Before the interview, the USCIS officer will review your Form N-400 and your “A-File,” which is a collection of records documenting your immigration journey. Generally, the USCIS officer will explore the content of these files and take clarification from you during the interview.

Yes. USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits.

No. You only become a US citizen after you attend a formal naturalization ceremony and take an oath of allegiance. After a successful interview USCIS will notify you about this by sending a notice to take an oath of allegiance (Form N-445).

You can appeal requesting a hearing to re-evaluate the decision by filing form N-336. You will get this form with the denial letter from USCIS. The form must be submitted with the correct fee within 30 days of receiving the denial letter. If you are still aggrieved by the decision of this appeal, you can file another appeal to the district court.

Yes. USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits. You should state your disability or impairment and the required accommodation in the assigned space of N-400 form (naturalization application)

Usually, you have to take your naturalization tests, both English and Civics, on the same day as your naturalization interview if there is a slot available on that day, otherwise they will schedule another day for the tests. The tests are part of a naturalization interview and take place during the interview.

As part of the naturalization process, applicants for U.S. citizenship must pass a two-part naturalization test. The first component is an English test that assesses the applicant’s ability to read, write, and speak in the language. The second, a civics test, evaluates the applicant’s knowledge of U.S. history and government.

The civics test is an oral test and the USCIS Officer will ask the applicant up to 10 of the 100 civics questions. An applicant must answer 6 out of 10 questions correctly to pass the civic portion of the naturalization test. You will find the complete list of 100 questions on the USCIS website among which the USCIS officer will randomly choose 10 questions.

If you are 50 years old or older and you have been a green card holder for at least 20 years, you will be exempted from taking the English test. But you will still have to take the civics test.

Also, If you are 55 years old or older and you have been a green card holder for at least 15 years, you will be exempted from taking the English test, but not the civics test.

In two cases an applicant can be exempted from both English and Civics tests. Firstly, If the applicant is aged 65 and older and has lived in the U.S. as a green card holder for at least 20 years, they will be exempted from both tests.

Secondly, If the applicant has any medical disability. It should be noted, to prove the ground of medical disability, Form N-648 must be filed with a naturalization application.

Yes. You can request an exception to the English language and/or civics tests based on a physical or developmental disability or mental impairment that prevents you from complying with the English language and/or civics requirements for naturalization. Submit Form N-648, Medical Certification for Disability Exceptions, as an attachment to your Naturalization application (Form N-400). Remember that, USCIS will not exempt you from any test on ground of disability if you have not filed form N-648.

With the approved I-130, you can proceed with the next steps based on your location. If you're in the U.S., file the I-485 Application to Adjust Status. If abroad, the National Visa Center will guide you through the Immigrant Visa Processing (IVP). Pay close attention to the priority date assigned during the I-130 approval, as it determines your place in the visa queue and influences when you can move forward in the process.

If an immigrant visa is available for you, NVC will begin pre-processing your case by asking you to pay the appropriate fees on the CEAC website. After the appropriate fees are paid, you will be able to submit the necessary immigrant visa forms and documents. If visas are not available for your visa category, NVC will notify you that NVC received your petition and will hold it until a visa becomes available.

Visit CEAC website, enter your case number and invoice ID, complete security validation, and click "Submit" to log into your CEAC portal. NVC will send you the credentials, case number and invoice ID, for logging into the CEAC website in the welcome letter.

The family-based immigrant visa processing fees consist of $325 for each applicant undergoing Immigrant Visa Processing (IVP) and an additional $120 for the Affidavit of Support.

An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. The person who signs the Affidavit of Support is also called the “sponsor.”

The petitioner of a family-based petition (Form I-130) must submit an affidavit of support in order to sponsor the applicant she/he petitioned for. Also, if the annual income of the petitioner does not meet the USCIS minimum required level, a joint sponsor also should submit an affidavit of support for the applicant along with the petitioning sponsor.

A joint sponsor is a U.S. citizen or green card holder who agrees to take on the legal obligation of financially supporting an applicant for a family-based green card.

The main sponsor (the petitioner who filed Form I-130) is also known as the petitioning sponsor. If the petitioning sponsor does not have sufficient income to support the intending immigrant, she/he may need the help of an additional sponsor. The additional sponsor is called a joint sponsor.

The family-based IVP application is an online process. To submit and affidavit of support form you have to fill up the pdf file of the I-864 form, sign it, scan it, upload and submit it on your spouse’s CEAC portal.

The family-based immigrant visa application is an online process. You have to fill up an online form called DS-260 after logging into the CEAC port and paying the fees. After filling up the form you have to submit it along with the required civil documents on the CEAC website.

Yes, if your I-130 petition's priority date is current and you're residing in the U.S., you can submit an adjustment of status application after staying for at least 90 days (if on a nonimmigrant visa). And notify the NVC about your intention through the public inquiry form.

If a visa is available for your category, and your situation involves a life or death emergency, processing of your case may be expedited. For an expedite request, please submit a scanned letter (or statement) to NVCExpedite@state.gov explaining the situation along with strong evidence.

You can try requesting NVC to update your information on the form through a public inquiry form. However, if NVC refuses to update the form, you should consult an experienced immigration attorney regarding this issue.

Yes, you can. If you move to another country during your application process while the case is at the NVC, you can submit a request to change your consulate through the public inquiry form along with proper evidence of your legal stay in the desired country.

After submitting the application and the required documents, NVC will review your application and the documents. If they need any further information or documents they will notify you through the CEAC portal. After receiving all required information and documents, they will send you an email stating that your case is now documentarily qualified (DQ).

Now NVC will start working with the respective US consulate to secure an interview date for you. After securing the date, NVC will notify you regarding the interview date, place and time through an interview letter. In the meantime, you do not have to do anything but to wait for the interview letter.

If the petitioner becomes a US citizen from LPR during the IVP process, the visa category of the applicant will be changed and to update the visa category, the petitioner or the applicant has to notify the National Visa Center (NVC) regarding the change of US status of the petitioner along with proper evidence (US Passport/Naturalization Certificate).

If the petitioner dies during the IVP process, there are ways to reinstate the petition (if they are eligible). Please contact an experienced immigration attorney to move forward with the application.

If the petitioner withdraws the petition before the immigrant visa interview, the petition will be dismissed by the USCIS.

Since you are a green card holder, your new born child will be considered as a derivative of your spouse’s immigrant visa application and you can add the new born child to her IVP application. If you want to add your new born child to your spouse’s IVP application, you have to login to your spouse’s CEAC portal and click the ‘Add Applicant’ button at the bottom left corner of your spouse’s CEAC portal and put your new born child’s full name, upload the child’s birth certificate and passport at the designated section and submit the request. NVC will add your new born child as a derivative of your spouse within 2/3 business days.

Since you are a citizen of the United States, your new born child will not be considered as a derivative of your spouse’s immigrant visa application and you can not add the new born child to her IVP application. However, since you are a citizen of the United States and were at the time of your child’s birth, the child can directly get an US citizenship status. To get an US citizenship for your child, you have to report the child’s birth at the nearest U.S. embassy or consulate as soon as possible so that a passport and/or Consular Report of Birth Abroad (CRBA) can be issued as an official record of the child’s claim to U.S. citizenship or nationality.

Since you are a citizen of the United States, your siblings will not be considered as a derivative of your parent’s immigrant visa application if your siblings are married or over 21 years of age and you can not add them to your parent’s IVP application. You have to file a separate I-130 petition for your siblings. However, if your siblings are unmarried and under 21 years of age, you can add them as a derivative applicant to your parent’s immigrant visa application. To do so, you have to login to your parent’s CEAC portal and click the ‘Add Applicant’ button at the bottom left corner of your spouse’s CEAC portal and put your sibling’s full name, upload his/her birth certificate and passport at the designated section and submit the request. NVC will add your sibling as a derivative of your parent within 2/3 business days.

According to the Child Status Protection Act (CSPA) you can deduct the time period while your mother’s I-130 case was pending for approval at the USCIS from your age. And your age freezes when an immigrant visa becomes available for your mother’s case. As per your information, your mother’s I-130 petition was pending at the USCIS for 3 years 3 months and 12 days (from 02/02/2006 to 05/13/2009) and your age was 23 years 9 months and 19 days (from 11/28/1998 to 09/15/2022) at the time while an immigrant visa became available for your mother’s application. Now, if we deduct the I-130 pending time from your freezed age your CSPA age should be 20 years 6 months and 7 days which is under 21 years of age. Therefore, you can get an immigrant visa as a derivative of your mother’s IVP application if you remain unmarried by the time of your visa interview.

To be counted as a derivative of your parent’s immigrant visa application you should be unmarried and under 21 years of age at the time of the immigrant visa interview. Since you got married while your father’s case was pending, you will no longer be counted as a derivative of your father’s immigrant visa application and you will not get an immigrant visa under the same application.

With the approved I-140, you can proceed with the next steps based on your location. If you're in the U.S., file the I-485 Application to Adjust Status. If abroad, the National Visa Center will guide you through the Immigrant Visa Processing (IVP). Pay close attention to the priority date assigned during the I-140 approval, as it determines your place in the visa queue and influences when you can move forward in the process.

If an immigrant visa is available for you, NVC will begin pre-processing your case by asking you to pay the appropriate fees on the CEAC website. After the appropriate fees are paid, you will be able to submit the necessary immigrant visa forms and documents. If visas are not available for your visa category, NVC will notify you that NVC received your petition and will hold it until a visa becomes available.

Visit CEAC website, enter your case number and invoice ID, complete security validation, and click "Submit" to log into your CEAC portal. NVC will send you the credentials, case number and invoice ID, for logging into the CEAC website in the welcome letter.

The employment-based immigrant visa processing fees consist of $345 for each applicant undergoing Immigrant Visa Processing (IVP).

Not all employment-based visa applications require an affidavit of support (for example: NIW-based immigrant visa application).

The employment-based immigrant visa application is a hybrid process (online and offline). You have to fill up an online form called DS-260 after logging into the CEAC port and paying the fees with the credentials mentioned on your welcome letter. After filling up the form you have to submit the form and ship the required documents to the NVC through USPS or any express courier mailing service.

Yes, if your I-140 petition's priority date is current and you're residing in the U.S., you can submit an adjustment of status application after staying there for at least 90 days (if on a nonimmigrant visa). And notify the NVC about your intention through the public inquiry form.

If a visa is available for your category, and your situation involves a life or death emergency, processing of your case may be expedited. For an expedite request, please submit a scanned letter (or statement) to NVCExpedite@state.gov explaining the situation along with strong evidence.

You can try requesting NVC to update your information on the form through a public inquiry form. However, if NVC refuses to update the form, you should consult an experienced immigration attorney regarding this issue.

Yes, you can. If you move to another country during your application process while the case is still in the NVC, you can submit a request to change your consulate through the public inquiry form along with proper evidence of your legal stay in the desired country.

 

After submitting the application and sending the required documents, NVC will review your application and the documents. If they need any further information or documents they will notify you through an email. After receiving all required information and documents, they will send you an email stating that your case is now documentarily qualified (DQ).

Now NVC will start working with the respective US consulate to secure an interview date for you. After securing the date, NVC will notify you regarding the interview date, place and time through an interview letter. In the meantime, you do not have to do anything but to wait for the interview letter.

It depends on your visa category and your designated US consulate. The wait time for an interview appointment letter varies due to the above mentioned issues and various circumstances.

This depends on your designated US consulate. However, generally you have to conduct a medical exam, register a document delivery option and gather all of your original civil documents you submitted to the NVC before the interview date.

Most consulates allow you to bring an interpreter or they arrange an interpreter for you. If they allow you to do so, the interpreter will translate you the questions of the visa officer and you can answer them in your native language. If you can not arrange an interpreter and the interviewing officer can not talk in your native language, you can not talk in your native language during your immigrant visa interview.

It entirely depends on your visa category, your designated US consulate and the officer conducting the interview. Therefore, it is very difficult to provide you with a concrete timeframe.

If it is a self petition and the petitioner is also the applicant, then the petitioner must attend the interview. However, if the petitioner is not an applicant, then the petitioner does not need to attend the interview.

Most consulates allow a person to accompany the applicant if the applicant is an elderly person, disabled or a minor child. Otherwise you have to depend on the regulations of your designated consulate regarding this issue.

Yes. All applicants registered for immigration, including children, are required to visit the Consulate in person for a formal visa interview.

The expected questions during an immigrant visa interview entirely depend on your visa category and your designated US consulate. However, you might face some questions regarding your relationship to the petitioner, your intention after admitting into the US, your occupation, your employment history, questions about your other family members, etc.

No, after the interview they will keep your passport and some other documents (depending on the designated consulate) and let you know whether your visa is approved or not. After the approval of your visa, they will send your passport and other documents along with some further instructions to your registered delivery address.

After receiving an immigrant visa, you have to pay the ‘Immigration Visa Fees’ to the USCIS before entering into the US.

No, you can not open the visa packet, the visa packet must be opened by the CBP officials at your port of entry in the US. If you open the visa packet before, your visa will be invalidated. As a result, you won’t be able to enter the US.

Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty. In simple terms, Writ of Mandamus is a type of suit or case to compel the Government agencies to do their duties, which they are supposed to do under law.

The implication of filing a writ of mandamus in an immigration matter is that you can request the Court to ask the concerned Government agencies to perform their duties on time. For example, suppose your visa application is stuck in an administrative process or you are awaiting an interview appointment. In that case, you may file a writ of mandamus requesting the Court to compel the concerned Embassy or consulate to adjudicate your visa application or schedule a visa interview appointment within a reasonable time.

Writ of Mandamus is one type of judicial remedy and in every legal dispute, unless it is between two private individuals, one or more Government agencies get involved as relevant parties. Filing writ of mandamus against Government agencies will have no negative impact on the adjudication of your application or petition.

You have to email us at raju@rajulaw.com or info@rajulaw.com expressing your interest in filing a writ of mandamus. After that, our Admin Team will contact you and initiate the process of retaining you as our client. After retaining you as our client, the Admin Team will forward the matter to the Litigation Team, and they will take over the case from that moment. The Litigation Team will prepare the writ in your case and submit it before the Court accordingly. The Litigation Team will take 14-16 days to prepare and submit your writ before the Court. The Court may take 3-4 days to issue summons, and our Business Support and Services Team will send those summons physically to the defendants. After the summons has reached the defendants, we will submit the proof of issuing the summons to the court, and since the delivery, the defendants have 60 days to respond to a case. In addition, it may take 1-2 months to get a response from the concerned agency (USCIS, Embassies, Consulates, etc.) regarding your case from the date of filing the writ. According to our experience, it takes around 2-5 months to get a remedy to the mandamus lawsuit.
Please call us at 833-725-8529 or email us at info@rajulaw.com or raju@rajulaw.com.

You will get automated email notifications time to time from the Court after submitting the Writ. We can also call the court clerk anytime and ask about the status of your case. Also, the opposite party's lawyers will keep us updated.

Yes, it confirms that your visa has been approved. However, in such scenarios, we recommend the clients to collect their passports with visa stamps and inform us accordingly. Thereafter we inform the Court about it and submit a voluntary withdrawal motion.

There are three types of costs involved in filing the writ of mandamus with our Law Firm:

  • Attorney Service Fee
  • Court Fee
  • Summon Shipment Fee

The Court fee for filing a Writ of Mandamus is US $405. The summon shipment fee is around US $200, depending on the number of defendants.

  • The attorney service fee for an F-1 & J-1 based Writ of Mandamus is US $2500;
  • For all other categories, the attorney service fee is US $3000;
  • The Case Opening Fee is US $250.

The client shall pay the entire Attorney Fee and the Court Fee at once while retaining the Writ of Mandamus service.

You may pay us through Paypal, Lawpay and Zelle. If you are from Bangladesh, you may pay at our local bank account with local currency. However, if you pay us through Paypal or Lawpay, you have to pay an extra 3% of the payment that you are intending to make, which is the service charge for Paypal and Lawpay.

Yes, if your asylum application is pending a decision for more than two years, or if you are awaiting an interview appointment for your pending application, you can retain us to file for a writ of mandamus to avail both the relief. We will take care of both adjudication and interview appointment dates in the same Writ of Mandamus.

You can retain our service for the following visa or immigration application or petition. Nonimmigrant visas include B visitor visa, E visa, F student visa, H professional employment visa, K fiancée visa, L intracompany transferee, O extraordinary ability, J Exchange visitor visa, and other nonimmigrant categories. You can also retain us for immigrant visas, such as for a spouse, parent, or other family members, EB-1 extraordinary ability, EB-2 national interest waiver, EB-3 workers, EB-5 investor immigration, and Diversity Lottery Visa.

If you have submitted a petition pending adjudication or are awaiting an interview appointment, you can also retain us to file a Writ of Mandamus. You can retain our service for petitions such as naturalization (form N-400), adjustment of status (I-485), family immigration (I-130, I-751), fiancée (I-129F), employment-based nonimmigrant (I-129) and immigrant petitions (I-140, I-526, I-829), and special immigrant categories (I-360).

In non-immigrant visa categories, we recommend a delay of more than six months, and in immigrant categories, we recommend a delay of at least one year before opting for a mandamus lawsuit and having a successful mandamus outcome.

As the client is to pay the entire attorney fee and court fee at once while retaining the Writ of Mandamus service, the client is refunded based on our progress in their case. The Admin Team will share the task progress breakdown in the retainer agreement with the client.

We mainly communicate with the client through email. The litigation team deliberately answers all individual emails, queries, and concerns and immediately updates our clients if there is any substantive update or improvement in their cases.

We do not guarantee our clients that filing a mandamus lawsuit will give them the desired result. However, our team puts in 100% effort to ensure they do everything necessary to help the clients and continuously communicate with the court clerk and the agency to get updates on each case. The federal court process is unpredictable, and we can not force the federal court or agency to approve a visa; we can only compel them to provide a timely decision on your case. However, our firm holds a very successful rate of cases (98.2%).

The Freedom of Information Act (FOIA) is a Federal Statute. FOIA allows anyone to access or request recorded information from public authorities. Through FOIA, any person can request records from the Federal Agency or the Executive Branch of the United States Government. The federal agencies must disclose the requested records unless the records are protected from disclosure by any or nine exceptions contained in the law or by one of three special law enforcement record exclusions.

A FOIA request is a written request made to a U.S. federal agency by any individual or entity requesting federal records, including information and databases held or believed to be held by an agency.

If you want any particular information on your visa or immigration case, you can request a FOIA from the designated agency currently dealing with your immigration status. Furthermore, you can submit a FOIA request to obtain a record/document you do not possess or own.

You must email us at raju@rajulaw.com or info@rajulaw.com expressing interest in requesting under FOIA. After that, our Admin Team will contact you and initiate the process of retaining you as our client. After retaining you as our client, the Admin Department will forward the matter to the Litigation Department, and they will take over the case from that moment. The Litigation Team will take 5-7 days to prepare the FOIA request in your case and submit it accordingly to the designated agency. Since the submission, it may take 2-3 months to receive a response from the agencies, but the processing time varies from case to case.

There are two types of costs involved in requesting under the FOIA with our Law Firm:

  • Attorney Fee: $400 + Agency Processing Fee
  • The Client shall pay the entire Attorney Fee while retaining the service.

After the Admin Department introduces us to the Client, we collect all the necessary information from the client, and based on the information, we provide the client with a list of required documents to make the FOIA request. Since collecting the necessary documents, we will take 5-7 days to prepare and finalize all documents and submit the request to the designated department or agency. FOIA requests have different submission requirements depending on the department from which we seek information. Therefore, if the clients give us all the necessary information, we can determine the appropriate agency to make the FOIA request and proceed accordingly.

You must have the minimum CGPA as your preferred course and university requested.

  • IELTS/TOEFL/PTE/Duolingo
  • SAT/ACT exam for bachelor's
  • GMAT or GRE for masters/PhD
  • Proof of finances (bank statement/ solvency certificate).
  • Proof of successful completion of high school in the form of a diploma or certificate
  • Transcript of high school mark sheets, certificates, diplomas, and all related documents
  • English proficiency test scores
  • Proof of finances (bank statement/ solvency certificate).
  • Copies of mark sheets and certificates attested by the university and sent by the university official in a stamped and sealed envelope
  • Scanned transcripts in a PDF format for online application
  • CV/Resume
  • Personal Statement
  • Letter of Recommendation(s)
  • Writing Sample(s)
  • Test Score Reports/English Proficiency Test (IELTS/TOEFL/PTE/DUILINGO)
  • Portfolio
  • Standardized exam score/GRE/GMAT (if applicable)
  • A credential evaluation report from one of the approved organizations

Note: Document requirements may vary with different programs. To check the exact requirements, please refer to the intended course page on the university website.

Universities typically begin accepting applications for Fall admission in September, with deadlines falling between February and March of the following year.

Since the academic year in the U.S. commences during this time, you get the opportunity for networking and scholarships, which are beneficial for the entire duration of your degree.

  • Another advantage of fall intake over Summer or Spring intake is that all universities in the U.S. offer all the programs during this time.
  • The most significant advantage of enrolling in a university in the U.S. during fall intake is that you get numerous on-campus job opportunities.
  • Enrolling during the Fall intake will give you many opportunities to apply for internships in the summer. You will meet the minimum nine-month degree duration criteria.
  • Since fall intake begins the academic year, you will also get time to explore extra-curricular activities.
  • The class size is more significant during Fall intake than in the spring and summer, meaning you are more likely to be accepted into an American University.
  • Fall enrollment typically offers more acceptances at American universities, potentially increasing your chances of admission compared to spring or summer terms. So the fall intake is your best option for pursuing your studies abroad.

STEP 1: Start your application procedure as early as possible.
Keep these things in mind.

  • Start early. By August, you should shortlist 8 to 12 universities you wish to apply to, along with their application requirements, due dates, etc., from their websites.
  • Look for scholarships and bank loan options to aid your education by September.
  • To start your preparation, consider accessing admission guides from university websites, which are usually made available about a year before the intended enrollment period.
  • You should also perform some early research on various accommodation options.

STEP 2: Now that you have noted the essentials, it's time to appear for the standardized exams.

Here are some helpful tips for this step: 

  • Begin preparing for standardized exams such as GMAT, GRE, SAT, TOEFL, or IELTS, depending upon the degree and university.
  • Enrolling for the GRE or GMAT by June or July or three months before the test date would be the best option.
  • We advise you to register at least a month before the test date for English language competency tests such as IELTS or TOEFL.
  • Sit for the required exams around September, and please plan for an intermediary time if you need to retake the tests.

STEP 3: : Apply to the colleges and universities on your list. The application time is between August to April.

Here's what you should consider: 

  • You need to prepare well for your application. It's crucial to include your strengths and self-appraisal in your letter honestly.
  • You must contact your professors and direct managers to get at least 2 to 3 reference letters a month before your application due date.
  • The next part is to draft your Statements of Purpose (SOPs) and essays. We advise you to give it a month to structure these documents properly.
  • Apply way before the due date or deadline.

STEP 4: If selected, you will get acceptance letters and interview details via email from March to April. 

Here are a few things to consider: 

  • Avoid unnecessary delays in replying to college emails. Also, please note that you will get a few emails, so respond to all of them appropriately.
  • You may need to appear for video or personal interviews, usually scheduled around January to March.
  • Once you receive acceptance letters, make your choice as soon as possible.
  • To confirm your seat or spot at the university, you have to pay a non-refundable deposit.

STEP 5: The next step is to apply for a Student Visa and education loan between May and June. 

Here are some tips for your benefit: 

  • You can search for and apply for external scholarships (if required). You will not need it in most cases, as American universities provide many scholarships. You will indeed be eligible for one of them in your institution.
  • You can apply for a student loan after receiving your acceptance letter to aid your education further.
  • Gather all the documents and apply for the U.S. Student Visa as early as possible because it takes time to process your application.

STEP 6: Book your flight tickets and fly between July and August. 

Here's what you need to plan to avoid a rush: 

  • Book airline tickets.
  • It is essential to get an international debit or credit card.
  • Gather all the documents and photocopies you need to take to the U.S.
  • Check out a pre-departure checklist and ensure you are ready to go to America.

STEP 7: Arrive in the U.S.

Fall intake is optimal for U.S. university applications due to greater course options and funding availability.

GRE optional for most Fall U.S. university applications; Yet some university requires. But in can be waived by securing scholarships.

Universities require 2-3 LORs: high school teachers for undergrad applications, college professors for Master's/PhD programs. LORs provide crucial academic insights from educators familiar with the applicant.

The processing time for an I-20 form typically takes four to five weeks after the university receives all required documents, although this duration may vary depending on the specific institution.

●  Resume/Curriculum Vitae.
●  Transcripts and certificates.
●  Passport Copy
●  High school diploma or equivalent.
●  Letters of Recommendation.
●  Entrance Exam Scorecards—SAT/ ACT.
●  English Language Proficiency Test Scores.
●  Statement of Purpose.
●  Bank Solvency and Statement (Last 6 months)

In general, a 6.5 IELTS score is required for postgraduate studies, though some courses may have different English proficiency requirements.

Not Mandatory, Students and also provide other English Proficiency Test Scores

IELTS is not mandatory to obtain a student visa.

For undergraduate admissions, SAT and ACT scores are required, whereas graduate-level courses typically require GMAT, GRE, or MCAT scores, depending on the program.

A high IELTS score can certainly help students getting a partial/full scholarship.

 

Individuals who hold an International Baccalaureate degree or have previously studied English may be eligible to apply for a U.S. study visa without taking the IELTS exam.

Yes, you can use Duolingo scores for university admissions. While most universities require high scores of 120 or above, some major U.S. institutions consider students who have scored at least 90 on the Duolingo English Test, which is generally the minimum acceptable score.

Even if you have set a clear goal to attend a particular university, it is always best and wise to apply to at least three institutions, potentially in different states.

The average annual tuition fee for undergraduate programs ranges from $8,000 to $20,000.

You have to open a student file with a bank.

International Wire Transfer - The tuition fees are directly sent to the university's account from the bank if the student has taken an education loan; otherwise, students can directly deposit the tuition fees into the wire transfer account of the university from their personal account, if they are self-funding for their studies.

Forex Card - Students can use a Forex card to make payment of tuition fees; however, the processing fees and exchange rates may vary.

There are two types of costs you need to consider. CoA (Cost of Attendance) includes tuition fees and other charges such as books and equipment. Living costs include accommodation, food, laundry, bills, and socializing.

The estimated living cost for an international student in the U.S. is around $10,000 to $18,000 annually, which averages around $1,000 to $1,500 per month. This includes accommodation costs, food, travel, textbooks, weather-appropriate clothing, and entertainment expenses.

Living off-campus can be cheaper than university housing. Private apartments are usually quieter, have fewer distractions, and are therefore better for studying. Besides, you can have more freedom, privacy, and space. Having a rental history will make getting a place easier after graduation.

Your U.S. student visa allows you to work on-campus for up to 20 hours per week during school and full-time during school break periods (up to 40 hours per week). 

F-1 students may not work off-campus during the first academic year but may accept on-campus employment under certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT)

Yes, for sure. You can take up part-time jobs while studying in the U.S. and try to save as much as you can, and if everything goes well and you can save a large amount of money, you will be able to pay your next semester or next year's fees by yourself.

  • Teaching Assistant.
  • Library Assistant.
  • Campus Ambassador.
  • Research Study Assistant.
  • Peer Mentor.
  • Preparing or serving food in the campus cafeteria
  • Maintaining computer labs
  • Working in a fitness center, and more.

Application fee – Based on University’s Requirement

Visa/Embassy Fee - $185 (Non-refundable)

SEVIS Fee - $350 (Non-refundable)

Visa interview questions may vary from person to person. Below are some common questions that the visa officer may ask.

 

  • How many universities did you apply to?
  • Why did you choose X university?
  • Why did you choose this program?
  • Who is your sponsor?
  • Do you have a travel history?
  • What is your plan after completing your degree?

Yes, you can reapply. However, in case of 221(g) refusals, you must submit a new visa application and pay the visa application fee again to restart the process.

  • Not following the visa rules
  • Incomplete/insufficient travel itinerary
  • An insufficient explanation for the purpose
  • Travel document discrepancies
  • Delayed application
  • Insufficient funds
  • Incomplete application form
  • Information mismatch
  • Criminal record
  • Poor visa interview
  • Insufficient ties with the home country
  • Fake documents
  • Documents in regional language
  • Ineligible sponsor
  • Invalid travel insurance
  • Unfavorable previous travel history

Travel history is not an essential or required document/condition for obtaining a visa, but having a good travel history can increase your chance of visa approval.

  • A printed copy of your appointment letter
  • Your DS-160 confirmation page, 
  • One photograph taken within the last six months 
  • Your current and all old passports.
  • Bank statement for the U.S. visa. It is required as proof of sufficient funds.

A parent may accompany their child to the interview if their child is below 18. 

At most colleges, you have to take 15 credits or five classes for undergraduate programs. However, it can vary from school to school.

Yes you can change universities after completing one semester

An F-1 student can transfer to another school or program of study.

Yes, international students can stay in the United States after graduation to experience the job market. All majors are eligible to receive one year of Optional Practical Training (OPT), in which they can work for one year with a work permit. Students with STEM degrees are eligible for three years on OPT.

OPT (Optional Practical Training) offers international students the opportunity to gain valuable work experience in their field of study for up to 12 months after graduation, with STEM graduates eligible for an additional 24-month extension

CPT (Curricular Practical Training) enables international students to engage in work experiences related to their field of study while still enrolled in their academic programs.

Start early. Consider your job search while you are still in college

  1. Focus on your job search
  2. Write a strong resume
  3. Create a professional online presence
  4. Use your college as a resource
  5. Keep learning
  6. Network

Get an internship

You must show one year of tuition fees and living costs.

It is safe to show bank statements for the last six months.

Only one of your first-degree relatives can be your sponsor. First-degree relatives include parents, siblings, and children.

Blood relatives are also allowed to be your sponsor. Please mention in the DS-160 form how they are related to you.

The closer the relationship, i.e., parents, siblings, spouse, etc., the more likely you will get a visa.

Financial documents/proof of funding Include:

  • Personal funds: Bank statements in your name showing the account balance.
  • Loan certificates/letters (must indicate your name and the approved loan amount.
  • Private sponsors, including parents (must show both of the following): Sponsor's bank or other financial statements.

World-class universities and colleges in the U.S. provide partial scholarships for international students as financial support for their studies. Scholarships are given only to students who have excelled in their studies.

There are thousands of scholarships available to students each year, awarded based on several factors such as academic performance, athletic ability, artistic talents, volunteering in an organization, unique background, and much more. 

F-1 and M-1 students are eligible to bring their spouses and children who are unmarried and under 21. They will enter the U.S. with an F-2 visa.

U.S. visa regulations do not allow F-2 dependents to work in the United States. J-2 dependents are allowed to work in the U.S. with proper authorization. 

To maximize your luggage space and stay within weight limits, pack strategically. Avoid filling your bags with items that are easily obtainable in the United States.

We Charge $1000 for Both Undergraduate and Masters Applicants.

H-1B is an employment-based, employer-sponsored nonimmigrant status that allows a non-citizen immigrant to work within the United States for up to six years who lives within or outside of the USA. The six-year period can be extended incrementally if the employee has an approved I-140. There are different categories of H-1B; Regular Cap, H-1B Masters Cap, and H-1B Cap Exempt. To apply for the H-1B visa, you must have an employer willing to sponsor your petition. It is also known as 'H-1B specialty occupation', meaning you must have the educational background and/or specialized knowledge and skills in the related field to qualify for the position.

You must have at least a Bachelorette Degree to be eligible for applying for an H-1B visa. The degree can be outside of the USA, such as an accredited degree from anywhere in the world that will qualify for the position. However, an advanced degree (Master's or Ph.D.) may be necessary, depending on the position you are applying for.

The answer is No. Your community college degree is not complete until you complete your associate degree from an associated university. So, technically it will not qualify for the position.

A broad range of professional occupations qualifies for H-1B status. Generally, professional-level occupations and academic in engineering, biological, physical, social sciences, mathematics, and business administration will be eligible for H-1B.

H-1B status is available to a person who has been offered a temporary professional position by a U.S. employer. A bachelor's degree or higher in a related area is the minimum educational level required for a position to qualify for H-1B status, and the H-1B employee must have the degree (or higher) normally required for such position.

Not necessarily. The job itself must require a bachelor's degree or higher in a specialized field. Or your employment experiences in the related field can be an asset too. You must then have (speciality occupation related) degree to qualify for H-1B status.

The first step is getting a job offer from a US-based company. The second step is to apply for the H-1B registration or lottery. The third step follows only if you get selected in the H-1B Registration process. After getting selected, employer needs to apply for the H1B petition.
There are two steps in the H-1B petition:
i) Application for the Labor Condition Application, and
ii) application for I-129.

Each year, USCIS announces the dates for H1B registration, usually opening the registration window in March for about two weeks, though this period can be extended at USCIS's discretion. While there's no set date, the H-1B lottery registration typically begins in the first week of March. For the most accurate and up-to-date information, it's best to keep an eye on the USCIS website.

If you're selected in the lottery, you'll have three months, from April 1 to June 30, to submit your petition. During this time, you'll also need to get a certified Labor Condition Application (LCA), which is necessary for the H1B petition. The LCA process generally takes 5-7 business days.

After submitting your complete petition, USCIS usually takes about 4 to 6 months to approve it, though premium processing can speed this up to 15 working days. So, the entire process typically spans from March 1 to October 1.

The H-1B visa process involves certain Government Filing fees set by USCIS, which can change from time to time. If you decide to hire an attorney, their fees will vary depending on the attorney.

Employers are required by law to cover the primary costs associated with the H-1B petition process. For cap-based H-1B processing, there's a $215 registration fee for the H-1B lottery. If selected, the fees for filing an H-1B petition depend on the size of the employer's business.

  • For employers with fewer than 25 employees:
    • I-129 filing fee: $460
    • Fraud Detection and Prevention fee: $500
    • Asylum Program fee: $300
    • American Competitiveness and Workforce Improvement Act (ACWIA) fee: $750
  • For employers with 25 or more employees:
    • I-129 filing fee: $780 (for paper filing) / $730 (for online filing)
    • Fraud Detection and Prevention fee: $500
    • Asylum Program fee: $600
    • American Competitiveness and Workforce Improvement Act (ACWIA) fee: $1500
  • Cap-exempt entities do not have to pay the Asylum Program fee or the ACWIA fee.


If you want a prompt response from USCIS, you may opt for premium processing by paying $2805 USD for Form I-907 which will enable you to get a response from USCIS within 15 days.

To get the most accurate fee information, please check the USCIS website. Additionally, you will need to cover any attorney fees if you choose to hire one.

Yes, there are certain wage levels determined by the Department of Labor (DOL) for every ZIP code area in the U.S. It depends on your place of employment. So, the employer hiring an H-1B worker must have documentation to prove and then must certify to the U.S. Department of Labor (DOL) that it will pay the H-1B employee the prevailing wage or the actual wage, whichever is higher. The prevailing wage is determined by the DOL for every wage level that your employer is willing to hire you. The rule is that your employer must pay you either the same as the prevailing wage or higher, but it can never be less. The employer makes these declarations, under penalty of perjury, by submitting to DOL for certification a form called a "Labor Condition Application" (LCA).

FY 2025 timeline:

March 6: H-1B registration period opens at noon (12 PM) EST.

March 25: Initial closing date was 22nd March 2024. However, USCIS extended the deadline by three days to March 25th, 2024, to account for the outages and issues faced by employers.

March 26 -March 31: Date by which USCIS announced the lottery selection results.

April 1: The earliest date that FY H-1B cap-subject petitions may be filed.

June 30: The last date to submit your final H-1B, I-129 petition.

A certified Labor Condition Application (LCA) from DOL, supporting documents to prove that they can bear the wage of the employee, i.e., annual reports, financial statements, marketing documents of the company, and Form I-129, and G-28,  signed by the authorized signatory of the employer.

Yes, you can. In that case, the employer must file Form I-907 along with I-129, G-28, and G-1145. The I-907 premium processing fee is $2805 for the FY 2023-2024. It may vary every year. For the update, please follow the USCIS website.

The H-1B cap is the annual limit set by the U.S. Congress on the number of new H-1B visas issued, which includes 65,000 visas under the regular cap and an additional 20,000 for applicants with a U.S. master's degree or higher.

Universities and related nonprofit entities, nonprofit research organizations, and government research organizations are exempt from the cap. These employers are able to submit an H-1B application to the USCIS at any time during the year without concern for the fiscal year limit. They do not need H1B registration selection. However, a person who works for an H-1B cap-exempt employer who changes jobs to an employer that is not exempt may become subject to the H-1B cap and have to go through the H1B registration process to change the employer who does not qualify under the Cap exempt rules.

Yes, an employer can apply for the H-1B on your behalf while you are residing outside of the U.S. Once you get an approved I-129, you can apply for the H-1B visa stamp at a U.S. Embassy/Consulate in your residing country and enter the U.S. in that status.

Yes, you can. However, there is a fine line. H-1B is an employer-specific status. It permits an H-1B status holder to work only for the employer that filed the petition. If you decide to change employers, the new employer must apply for the H-1B on your behalf. This is called H1B Transfer. Your employer must have a certified LCA and file the I-129, G-28, and G-1145 like a new petition.

 

The H-1B is also position-specific. Therefore, if your H-1 B employer wishes to significantly change your job duties or other conditions of employment after securing approval of your H-1B petition, the employer must submit an amended petition to the USCIS. In both of these cases, under certain conditions, you MAY be eligible to be paid in the new position after the employer has received the USCIS receipt notice for the H-1B petition (this is called "H-1B portability").

From leaving your current employer to joining a future job, you have a 60 days time period, which is known as the "Grace period." The 60 days time period timer begins the day you leave your current job. The new application must be received by the USCIS within this grace period.

No, you can start working any day within these 60 days grace period (after a petition is properly filed to and received by the USCIS). Therefore, you do not need an approved H-1B transfer to get paid. Your employer can issue your paycheck from the date of Form I-129 receipt notice from the USCIS.

No, you may be eligible for other types of nonimmigrant (temporary) status that would allow you to work in the United States, such L-1, O-1, E-2, R-1 etc. An immigration attorney can advise you about the eligibility requirements for these immigration categories.

From the registration to the approval of Form I-129, H-1B is a very complicated and delicate process. You may apply for the registration by yourself/company, but you must need an attorney to guide you while applying for the H-1B petition. An attorney can help you, and the employer presents the best case for approval of the H-1B status application to the USCIS. However, an attorney cannot guarantee the success of an H-1B application, nor can an attorney obtain an H-1B for an unqualified person. In many cases, an attorney may be able to determine in advance whether or not your position and credentials would qualify for an H-1B.

Dependents of H-1B status holders (legal spouse and children under age 21) can apply for H-4 status. H-4 status holders are allowed to study full-time or part-time in the United States without the need for additional permits. To work, H-4 dependent needs to obtain an Employment Authorization Document (EAD) depends on some certain condition. For more information, please visit the USCIS website.

Generally, an asylum seeker is someone who has fled their home in search of safety and protection in another country. Because he or she cannot obtain protection in their home country, they seek it elsewhere. Asylum seekers may be of any age, gender, socio-economic status, or nationality—though the majority come from regions of the world that are suffering from conflict, disaster, and weak rule of law. If you apply for asylum in the US, then you are an asylum seeker. On the other hand, “asylee” is the term used in the U.S. for people who have been granted asylum. Under U.S. immigration law, a person granted asylum is legally allowed to remain in the country without fear of deportation. They qualify to work, travel abroad, and apply for their spouse or unmarried children under the age of 21 to join them.

Yes, seeking asylum is legal—even during a pandemic. Asylum seekers must be in the U.S. or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum.

During the COVID-19 pandemic, epidemiologists and other public health experts have made clear that asylum seekers and their children can be safely processed at the border using public health measures.

In the affirmative asylum or defensive asylum processes, to apply for asylum, you must complete a Form I-589, Application for Asylum and for Withholding of Removal. There are six grounds for Application for Asylum and for Withholding of Removal:

1. race,
2. religion,
3. nationality,
4. membership in a particular social group,
5. or political opinion
6. torture convention

Asylum is granted to people who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. One can obtain asylum if he is in the United States legally or illegally; or refugee status if outside of the United States.

The USCIS aims to make a decision on your asylum application within 180 days. During this time, you will be required to have your fingerprints taken and attend an interview at one of the eight asylum offices.

Asylum seekers do not automatically have the right to work. You may apply for a work permit, or “Employment Authorization Document,” (EAD) 150 days after you have applied for asylum.

If approved, you will be eligible to receive your work permit 180 days after you have applied for asylum. If you are given a “recommended approval for a grant of asylum” before the 150 days, you can apply for a work permit immediately.

150-day waiting period to file: A person can start the EAD application process after 150 days have passed since filing their asylum application.

180-day eligibility period: The EAD can only be approved after 180 days have passed since the asylum application was filed.

Asylum seekers can apply for a SSN. Usually an asylum seeker applies for SSN while applying for the EAD.

Asylees are eligible to apply for certain benefits, including an Employment Authorization Document (EAD), an unrestricted Social Security card, cash and medical assistance, employment assistance, and a Refugee Travel Document.

You will have asylee status. You will receive an I-94 Arrival and Departure record documenting that you are able to remain indefinitely in the United States as an asylee. You will be authorized to work in the United States for as long as you remain in asylee status. You may obtain a photo-identity document from USCIS evidencing your employment authorization by applying for an Employment Authorization Document (EAD). You will also be able to request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the asylum application, as long as your asylum application was pending on or after Aug. 6, 2002) who was not included as a dependent in your asylum decision and with whom you have a qualifying relationship. This means that you will be able to petition to bring your spouse and/or children to the United States or allow them to remain in the United States indefinitely incident to your asylee status.

This means that the asylum officer was unable to approve your asylum application and you are not currently in valid status. You will receive charging documents that place you in removal proceedings in Immigration Court. Your asylum application will be referred to the Immigration Court for an Immigration Judge to decide during the removal proceedings.

In most cases, you will return to the asylum office where your interview was held two weeks after the interview to pick up your decision. However, there may be longer processing times if you were interviewed at a district office, are currently in valid status, or if your case will be reviewed by Asylum Division Headquarters staff. You will generally receive the decision by mail if any of these circumstances occur.

Yes. Your spouse and unmarried children under 21 years of age may be able to obtain derivative asylum status. You may ask to have them included in your asylum decision if they are in the United States; or if you are granted asylum, you can petition to bring them to the US. (This must be done within 2 years of you being granted asylum).

You may apply for asylum with USCIS as a minor if you:

  • Are under 18 years old;
  • Want to have your own case separate from your parents;
  • Are not in immigration court proceedings.

You may apply for asylum with USCIS as an unaccompanied child, even if you are in immigration court proceedings if you:

  • Are under 18 years old;
  • Have no lawful immigration status in the United States; and
  • Have no parent or legal guardian in the United States available to provide care and physical custody

Asylum officers will consider your asylum claim if you filed your application with an asylum office and you meet the criteria above. If you are in immigration court proceedings, you must attend your immigration court hearings and should follow the Immigration Judge’s instructions, even if you have filed for asylum with an asylum office.

 

In the U.S., every child, regardless of their immigration status, has the right to a free public education kindergarten through grade 12. If you are the parent or guardian of a child under the age of 18, by law you are required to send your child to school. Some states require school attendance only through age 16. Visit your state’s Board of Education website for more information.

Each state makes its own rules as to whether asylum seekers are allowed to get state IDs. If you are eligible to apply for a state ID, call your local Department of Motor Vehicles (DMV) office to know what documents you will need to bring. Depending on your state, you may also be allowed to get a driver’s license.

Asylum can only be filed if you are currently in the United States and preferably within one year of your entry into the U.S. If you require assistance from overseas, you would need to file for refugee status through a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee.

You may still file your application after one year of coming to the U.S. and qualify for an exception to the one-year deadline if you can prove that you were unable to file within the one year because of exceptional circumstances (changed or extraordinary circumstances). If the individual establishes that it is more likely than not that his life or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion, that person may be eligible for withholding of removal or deferral of removal. Individuals who satisfy the torture requirement may be eligible for withholding of removal or deferral of removal under the Convention Against Torture.

Yes. You may apply for asylum with USCIS regardless of your immigration status if:

  • You are not currently in removal proceedings
  • You file an asylum application within 1 year of arriving in the United States or demonstrate that you are within an exception to that rule.

Yes, but you may be barred from being granted asylum depending on the crime. You must disclose any criminal history on your Form I-589, Application for Asylum and for Withholding of Removal, and at your asylum interview. If you do not disclose such information, your asylum claim will be referred to the immigration court and may result in fines or imprisonment for committing perjury.

After receiving an asylum application, USCIS will send a notice to the applicant to go to a USCIS Application Support Center (ASC) for fingerprinting. The applicant is exempt from the fingerprinting fee and does not need to submit a fingerprint card. The applicant’s spouse and children will also need to be fingerprinted. A person may qualify for a waiver of the fingerprint requirement if they are unable to provide fingerprints due to a medical condition, including but not limited to disabilities, birth defects, physical deformities, skin conditions, and psychiatric conditions.

Your child will continue to be eligible as a dependent on your asylum application if they turned 21 after you filed your application and while it remains pending.

There is no fee to apply for asylum.

A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances. However, the processing time may vary significantly depending on several factors, including the individual circumstances of each case, the workload of the USCIS office handling the application, and ongoing policy changes.

You have a right to bring a lawyer or representative to your asylum interview and to immigration proceedings before an immigration court.

Asylum Office Interviews: You must bring an interpreter if you do not speak English fluently. The interpreter must be fluent in both English and a language you speak and must be at least 18 years old.
USCIS does not provide any interpreters during the asylum interview. The following people cannot serve as your interpreter:

  • Your attorney or representative of record,
  •  A witness testifying on your behalf at the interview,
  • A representative or employee of your country.

Immigration Court Hearings: If the asylum case goes to immigration court, the court will provide an interpreter for the applicant.

If you have a document that is not in English, you are required to provide a certified translation of the document in English.

Generally, it's strongly discouraged to travel outside the United States while your asylum application is pending. Leaving the country could be interpreted as abandoning your application, which could lead to its denial. If you must travel, you can apply for Advance Parole that allows you to re-enter the United States after a trip abroad. Advance parole does not guarantee that you will be allowed to reenter the United States.

To obtain advance parole, you must file Form I-131, Application for Travel Document.

Yes, asylum-related information may not be shared with third parties without the asylum applicant’s written consent or the Secretary of Homeland Security’s specific authorization.

A child can file their own asylum application, separate from their parents or guardians. Children who arrive in the U.S. without a parent or legal guardian have specific protections and procedures in place. For more information on children applying for asylum, see the Asylum Procedures for Minor Children page from the USCIS website.

Yes. If you fail to attend your Immigration Court hearing, the Judge may order you removed from the United States.  At your hearing, you can ask the Judge for more time to find a lawyer.

If you are granted asylum, you may apply for a green card (also known as lawful permanent residence) one year after the date upon which you were granted final asylum status. Generally, a green card holder can apply for U.S. citizenship after 5 years of continuous permanent residence.  Since asylees’ green cards are backdated one year, they can apply to naturalize four years after obtaining permanent residence.

NIW
EB-2

An EB2-NIW is an immigrant visa category that grants a foreign national lawful permanent residence without the requirement of an employment offer or a labor certificate. The job offer requirement is waived if the candidate can prove that his permanent residence in the U.S. would be of “national interest” and would benefit the country.

Yes, they are both vastly different in terms of their requirements, processing times, and the documentation required for each. Generally, an EB2 visa or other employment-based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor.

An EB2 with NIW, on the other hand, does not require any employment offer. The applicant is not required to go through the labor certification process with the Department of Labor. This is as long as the petitioner (applicant) can prove that their admittance to the United States would be of national benefit.

Any foreign national can apply for an EB2-NIW visa. An immigration attorney is able to complete a strong application package that checks off all of the requirements and makes the appropriate legal arguments. An applicant does not need an employer.

The EB2-National Interest Waiver dismisses the need for a labor certification from the Department of Labor. The labor certification can be costly and takes time to obtain. This visa also waives the requirement of an employment offer. However, all other “entry” requirements must be met in order to become eligible for the visa.

The EB2-NIW visa is offered to foreign nationals who have earned an advanced degree or a degree that is recognized internationally as being equivalent to an advanced degree in a professional field. These persons can also satisfy this educational criterion by holding a Bachelor's degree and possessing at least five years of experience in their profession with increasing levels of responsibility. Applicants for this visa must demonstrate that they have extraordinary qualities in one or more of the following areas: science, technology, mathematics, engineering, the arts, or business, amongst others. According to the EB2-NIW framework, a degree or certification that is higher than a bachelor's degree is considered to be an advanced degree. The applicant can obtain this in the United States at a college or institution that is recognized in the United States, or they can earn an advanced degree that is equivalent to an American advanced degree from another country.

The following individuals are eligible to apply for an EB2-NIW:

  • A foreign national who meets the educational requirements, and
  • A foreign national who meets the three-prong test in the Matter of Dhanasar decision is listed below:

 

  • The proposed endeavor has substantial merit and national importance
  • The applicant is capable of advancing the proposed endeavor
  • Substantial benefits for the “national interest” of the United States
LoR (Letter of Recommendation)

We recommend four LoRs, and this is ideal.

Dependent LoR is from a recommender you have directly worked with or under (supervisor, co-author, professor, research/project leader, etc.)

 

Independent LoR is from an expert in your field with whom you have never work with. However, they may have seen your work in conferences, heard about your work from their colleagues, read your articles in journals, followed your work profile (LinkedIn, Google Scholar, etc.) or used your idea/ research in their own work.

A minimum of 3 independent LoRs

You can prepare the LoRs yourself if you wish to, OR the Recommender himself/herself can write the letter (best option in terms of authenticity). In that case, if you need any template to follow, we can provide you.

If LoR service is included with your package, our legal team will prepare the LoRs for you if you wish.

For each letter you want us to draft for you, we need you to fill out one LoR template with as much relevant information as possible. You can write in paragraphs, bullet points, sentences, etc.

You also need to provide the recommender’s CV. We will draft the letter based on the filled-in template, recommender’s CV, and your profile.

You will need to collect recommendation letters from prominent individuals in your field. The individuals may be your bosses, professors, researchers, or individuals similar to them.

You do not need to be acquainted with all your recommenders. An EXPERT in your field can write you a letter based on your academic and work profile.

We recommend a total of 3 independent LoRs and 1 dependent LoR. And yes, all of them must be from your field of study/ work. These recommendations can come from high-level executives or academic individuals like researchers and faculties.

We highly suggest seeking out your recommenders early in the NIW process.

Our in-house LoR writers will draft the LoRs for you based on the filled-in template you provide. Note that you must provide adequate information and manage the signatures from the recommenders yourself.

No, there are no extra fees for recommendation letters if the drafting service is included with your package.

Your supervisor, top executives, leaders of the field, and distinguished professionals in top management positions with or under whom you have or have not worked with in your field can make recommendations.

You can ask your friends; they can convince their professors to write Recommendation letters for you. Also, there are many Bangladeshi professors in U.S. universities; you can contact them as they usually help. You can also write to different prospective recommenders highlighting your common areas and the significance of your work.

No, the scanned copy or the signed soft copy of the LoR will be sufficient.

The best form of evidence is to have a letter on the recommender’s instutional letterheard. If the recommender has retired, he/she may create their own letterhead and provide that.

We aim to submit the formal updated CV of the recommenders. In case it is ablsolutely unavailable, we can use their institutional profile or LinkedIn.

We prefer physical signature. However in exceptional situations you can input digital signature also.

Publications, Citations and Research

That is great! It will increase your chance of approval.
TRB is one of seven program units of the National Academies of Sciences, Engineering, and Medicine, which provides independent, objective analysis and advice to the nation and conducts other activities to solve complex problems and inform public policy decisions.

If the number of citations to your work increases after you submit your NIW petition, it can be a positive factor in the decision-making process. This is because an increase in citations can indicate that your work is gaining more recognition and having a greater impact in your field, which can support your claim that your work is in the national interest.

 

However, it's important to note that USCIS officers are instructed to make decisions based on the evidence presented at the time of the petition filing. If you are submitting additional evidence after your initial filing, it may not be considered by the USCIS officer reviewing your case, and your case may be decided based on the evidence that was submitted with the original petition.

If your paper gets published while preparing the application, we will mention it in the petition, and it will have a positive impact on your case.

You need to provide summaries of your work (following our template) of the top projects or research you did which aligns with your future proposed endeavor. If only 3 supports your future endeavor, provide only 3.

Tip: Please spend a substantial amount of time to prepare a strong proposed endeavor.

Different Situations

DS-260 is the next step after the NIW approval as you are outside of the USA. We provide this service for $1200 for principal applicant and $700 for the dependent applicant (if any).

 

We reply as promptly as possible. At most, it will be under 48 hours (excluding weekends).

We have several law clerks and a managing attorney, all of whom will be involved at some point in the process. Additionally, we have a dedicated team for NIW petitions. Initially, you will work with them.

Your responsibility will be to send us the required documents and information when we need them and make the payment of the $500 monthly installment at your convenience. And after the forms are done, you will sign them and mail us. Then we will submit them to USCIS.

It depends on your portfolio. You may proceed now if you have a good number of citations and publications.

There is no problem if you do it from Bangladesh or leave the U.S. after submitting the petition.

It varies most of the time. In general, the copies and documents related to professional membership, license, and professional certificates are submitted along with the basic documents.

You are not required to be residing in the United States to apply. For example, an award-winning researcher in Russia who won acclaim and recognition for their impact could be considered sufficient evidence for an NIW.

Work Experience

Progressive work experience means having at least 5 years of work experience demonstrating growth and advancement in the relevant field.

Yes, having job experience of five years and more will strengthen your petition. But it’s not absolutely necessary in this case.

If a person has at least five years of progressive work experience following completion of a bachelor’s degree, he is technically eligible to apply for NIW. If your experience is not coming from a US-based industry and you do not possess a foreign or Master’s degree, your chances are very slim.

NIW application requires mainstream or industry job experience. Remote work experience will not be applicable.

TA/RA counts as academic or research experience and definitely not an industry job experience.

Yes, you are required to work in the same field that benefits the country's national interest. If you change areas, you risk having your I-485 denied if it’s still under process.

Processing Time

Currently, the approval rate has increased more than before. We have experienced the shortest time of 7 months to get a decision.

If you can deliver all the documents correctly, we expect the time to be 55-60 working days to file the petition.

Certainly, Premium Processing is available, and we provide this service to many of our retained clients. It is necessary for anyone who wishes to do Premium Processing to pay $2,805 to the USCIS for its premium processing fee. As part of the application process, the applicant must pay a $715 filing fee to the USCIS and Asylum Program Fee of $300, which is mandatory. We provide this service to our NIW clients without charging any attorney fees, except for the $30 fee for the Money Order Purchase Service. Consequently, an applicant must pay USCIS a total of $3,820 for premium processing of their I-140.

Processing time for NIW applications typically runs between 3 to 9 months, although this time depends on the assigned USCIS Service Center and the adjudicating officer. In addition, processing times vary as USCIS evaluates each application and supporting evidence on a case-by-case basis.

Degree, Certifications…

Yes. After graduation, your chance rate will increase, and it will make the petition stronger.

No, we need the evaluation from USCIS-approved equivalency evaluation bodies. Eg. WES

Kindly publish your thesis paper. The more citations your paper receives, the better your chances will be. Also, if you have U.S. work experience or can get started with work related to your proposed endeavor, that would be greatly beneficial.

There is no requirement for a U.S. degree in order to apply for NIW; however, a min. Master’s degree is necessary.

Due to the flexible characteristics of the NIW, you may be able to qualify without having received awards in your field. Proof of outstanding achievements strengthens your case and may be the difference between approval and denial; it is not grounds for denial alone.

Your previous denial should not have an impact on the outcome, assuming you meet the other qualifications for a National Interest Waiver. This is because the requirements for a PERM application have little bearing on the requirements for an EB-2 NIW.

An advanced degree for the EB2 NIW visa is U.S. advanced degree (degree above bachelor’s) or equivalent foreign degree.

Payment and USCIS Fees

Green Card application under EB2 NIW or EB1A has two steps. The first step is called I-140 and the second step is called I-485. The first step is only for the principal applicants , and our fee is $5,000.

There is no application for derivative in this step; therefore no attorney fee.

However, once the first step gets approved , we move to the second step. For the second step Adjustment of Status(I-485), our fee is $1,200 for the principal applicant (You) and $700 for each derivative if you have a spouse and children.

Our total service charge for NIW is $5,000. In addition, you will be required to pay a USCIS fee of $715, Asylum Program Fee of $300, and mailing fees of approximately $50.

Yes, we are able to assist you with your RFE in this situation. We will charge you $2,000 only for the processing of the RFE response. In the event that you choose to retain our NIW services, a fee of $5,000 will be charged.

Around $50 for the regular shipping process. It might cost $100 or more if you need overnight shipping.

A refund will be issued within 30 days if your case is denied. In that case, the refund policy depends on the money-back guarantee which we offer to the clients according to their credibility.

Yes, it is $500 per month.

VISA Categories

Yes, you can start the STEM OPT. The NIW petition (I-140) has no impact on your immigration status.

Yes, it is possible to apply for an OPT extension while your I-140 is being processed.

Submission of I-485 application depends on your current status. If you need a work permit in the next 4/5 months, apply for I-485. But if you do not need any work permit in the next 4/5 months, I would suggest not submitting I-485 and waiting until your I-140 gets approved.

Yes, you can. Your I-140 petition has no effect on traveling outside.

Yes, you can. A letter must be sent to the USCIS stating that you want to withdraw the petition.

There is no impact of the H1B transfer petition on the EB2- NIW application. So, we can proceed with the EB2- NIW application.

If you applied only for the NIW (I-140), your travel would not be affected. However, if you have also submitted an application for I-485 with it, this will affect your travel if that process is ongoing.

Both. You can find more details by searching for the J1 Waiver application on Google. You will find all the necessary information there.

NIW has two steps. The first step is I-140, which is only for you. After your I-140 is approved, the next step is I-485(Green card, EAD, Advance Parole). Here, your spouse will be added as your derivative.

It depends on your VISA status on which you are currently residing in the United States. It has no connection with the I-140 application.

Yes, the NIW petition (I-140) has no impact on your immigration status.

However, if you file I-485, you cannot apply for OPT or an extension of OPT until the I-485 application is decided.

Usually, it takes 7 months. But depending on the service center, it often takes more than a year. You can certainly concurrently file I-485. The benefit is that you will receive EAD and advance parole under which you can work and travel. However, there are some risks involved. Since I-485 is an immigrant application, your F1 status will be abandoned. You will not be able to apply for any non-immigrant status (e.g. OPT) while your I-485 is pending. In case your I-140 is denied, you will be out of status. Filing only I-140 will not affect your non-immigrant status. We recommend concurrent filing for those who are nearing the end of their non-immigrant status.

RFE NOID and Refund policy

Yes, it is included in the value. We do not charge separately for our retained clients.

The answer is you can appeal for the application to get approved.

Attorney fee is $5,000, USCIS filing fee is $715, Asylum Program Fee of $300, and shipping fee is around $50.

No, we will not cover the USCIS fees in that case. We will cover the attorney fee only.

EB-3 PERM

EB3 is the third category of employment based immigration visa that allows a foreign applicant and his/her family (spouse and children) to permanently come to/reside in the USA and work by obtaining a green card.

EB3 visa has different categories, which may or may not require any previous educational qualification depending upon the individual category. The highest educational qualification for the EB3 category is a bachelor's degree.

EB3 visas have different categories, which may or may not require any previous professional experience depending upon the individual category.

Currently, our attorney fee for the total process is $7,700 (PERM: $5,000, I-140: $1,500, I-485/IVP: $1,200). In addition, the client will need to pay for job advertising fees, USCIS fees, and document shipping costs. The PERM process doesn’t require any USCIS fee, but an advertisement fee of $500-$5,000 must be paid, depending on the job location. The USCIS fee for Form I-140 is currently $715, with an additional $2,805 for optional premium processing. A $600/$300/$0 fee must be paid along with Form I-140 as an Asylum Program fee, depending on the size and nature of the entity. For Form I-485, the current USCIS fee is $1,440 for each adult and $325 for IVP for each applicant. Please note that some additional fees might be required. Check our Legal Fee section for more detailed information.

Yes. $700 for each additional family member when the final stage of the Green Card application is being processed.

If you are the principal applicant, the total cost for your wife and two children during the I-485 or IVP (consular processing) will vary. For the I-485 application, the attorney fee is $700 for each dependent, totaling $2,100 for three people. The USCIS fee is $1,440 for each adult and $950 for each child under 14, resulting in a total range of $3,340 to $4,320. There is an additional optional fee of $260 for each I-765 and $630 for each I-131 application. For the IVP (Consular Processing), the attorney fee is $700 for each dependent, totaling $2,100 for three people, and the IVP fee is $325 for each applicant, totaling $975. The combined total for attorney fees and IVP fees would be $3,075. Visit Legal Fees page

As a law firm, we don’t provide an employer for EB3. However, we have a sister concern company (Great American Recruiter) that finds employers for interested clients and carries out the full process of EB3. You can reach out to them at info@greatamericanrecruiter.com. Please note that the Great American Recruiter has a different pricing structure.

Yes, you can be eligible for an EB-3 visa if you are in the U.S. on a B1/B2 visa, but it involves several steps. First, you need to obtain a full-time job offer from a U.S. employer and have them secure a labor certification from the Department of Labor (DOL). Your employer must then file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). It is essential to maintain legal status while in the U.S. If you are already in the U.S., you can apply for an adjustment of status (Form I-485). Alternatively, if you are outside the U.S., you can undergo consular processing at a U.S. embassy or consulate to obtain your EB-3 visa. Please note that the Priority date must be “current” before processing I-485 or DS-260.

Yes, you can be eligible for an EB-3 visa if you are on an F1 (student) or F2 (dependent) visa. The process involves several key steps. First, you need to obtain a full-time job offer from a U.S. employer who must then secure a labor certification from the Department of Labor (DOL). Next, your employer must file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). It is crucial to maintain your legal status while in the U.S. If you are in the U.S., you can file for adjustment of status (Form I-485) when an EB-3 visa becomes available. If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate.

If you are staying in the USA, you can apply for both. However, since an EB3 immigration visa takes more than a year due to prevailing wage determination and PERM processing, we advise you to first apply for an H4 application and then file an EB3 application.

Yes, you can apply for an EB-3 immigration visa if you are an asylee or if your asylum status is pending in the USA, but there are specific considerations to keep in mind. First, you need a full-time job offer from a U.S. employer who will secure a labor certification from the Department of Labor (DOL). Your employer must then file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). If you have been granted asylum, you can apply for adjustment of status to permanent resident (Form I-485) once an EB-3 visa becomes available. If your asylum application is still pending, you can apply for adjustment of status if an EB-3 visa becomes available and your Form I-140 is approved. However, maintaining lawful status is crucial during this period. It is important to maintain your current status while your EB-3 application is being processed. The complexity of applying for an EB-3 visa while having an asylum application or status requires careful navigation.

Self-sponsoring may result in a complicated case adjudication by the USCIS and bears the risk of denial.

While they can legally sponsor you, being sponsored by immediate relatives or family members bears the risk of a complicated case adjudication by the USCIS and can result in a denial.

You may always have the option to change your job irrespective of the PERM procedure stage. However, in most cases, changing the job during the PERM process or after PERM approval means you may have to go through the PERM process all over again. PERM certification is not related to a specific employee, and it is tied to a specific job. That is why a new job will almost always require new PERM certification. Having your employer file the I-140 immigration petition is the second stage in the process and happens once PERM labor certification has been approved. Changing jobs at this stage in the process will almost always require your new employer to file a new PERM and then a new I-140 petition.

One of the big exceptions to this is if the new employer company is a successor in interest to the original employer company. This involves an understanding and analysis of mergers and acquisitions laws. Another exception involves the American Competitiveness in the Twenty First Century Act (AC-21). If the foreign worker fulfills the mobility requirements under Section 106 of the American Competitiveness in the Twenty First Century Act (AC-21), then the new employer will not need to file a new I-140 petition. Rather, they can move to a new place of employment upon the passing of 180 days after the filing of the adjustment of status (I-485) application.

Yes, you can change your address at any time during the process. However, please note that you will have to file AR-11 and inform USCIS about the change of address within 10 days of moving.

It is realistically impossible to assure 100% approval since the final adjudication comes from the USCIS. However, we can predict the outcome with more than 90% assurance.

If you adjust your visa in the USA, you may or may not have to attend an interview. However, if you are applying from outside the USA, you will have to attend an interview at the US embassy or consulate.

Yes, you can travel unless you file form I-485. However, please note that if you travel outside the USA before filing Form I-485, you will have to wait for at least 90 days to file Form I-485 after your return to the USA. Once you file form I-485, you cannot travel outside the USA until you receive the advance parole (approval of I-131). Please note that traveling outside the USA without prior approval and proper return documentation may jeopardize your green card application.

The timeline varies based on the individual case. But typically, it takes approximately 3 years to complete the entire process. Please see the timeline flowchart below to get an idea about the timeline of EB3.

 

You can only expedite the I-140 adjudication with premium processing by paying a $2,805 USCIS fee and filling the form I-907. However, there is no premium processing for the prevailing wage determination, PERM, or I-485. Nonetheless, you can make an expedition request if your I-485/I-765 adjudication decision exceeds the average processing time at the designated service center.

While denial of an adjustment of status application generally leads to immediate deportation from the USA, the ultimate course of action varies based on the individual case. Please contact us immediately if your EB3 application is denied.

Yes, you can appeal to reconsider your case by filing form I-290B and paying the USCIS fee. Please note that you will have to appeal within 30 days of the notification of the decision or 33 days if you received the notification by mail.

I-485
Employment-Based Green Card (I-485)

Whether you can file an I-485 application at any given time or not, depends on your priority date being current. The Department of State updates the visa bulletin every month to include the updated dates for filing for visa categories. If the priority date is earlier than the listed date of filing, the priority date is then considered current. If your priority date is current, then after you have received a "Receipt Notice" for your I-140 petition, you may file your I-485 green card application.

Generally, the priority date is the date on which a prospective immigrant's petition is filed (sometimes it differs with the filing date) with the U.S. Citizenship and Immigration Services (USCIS) or with the Department of Labor for certain employment-based visas. The priority date is crucial because it establishes an individual's place in line for visa processing, especially in cases where the number of visa applications exceeds the available visa quotas. You can find the priority date in your I-140 Receipt notice or in the approval notice.

Filing the I-140 and the I-485 applications at the same time is called concurrent filing. Concurrent filing is only possible in 2 specific scenarios:

  • If the date listed in the visa bulletin for your particular category is listed as “C” or your Priority Date is current at the time of filing the I-140 and I-485 applications together.
  • If you have an older I-140 petition with a current priority date, and you are now filing a new I-140 petition and are planning to port the priority date of the newer petition to the older, current priority date.

Except for these 2 scenarios, it is not possible to file the I-140 and I-485 at the same time. You will have to file the I-140 petition first, and then file the I-485 application once you receive the receipt notice of the I-140 petition.

The I-485 processing times vary between cases. Mostly it depends on the USCIS field office dealing with the particular case. Depending on the caseload at the field office, it can take anywhere from 8 to 14 months or more for an I-485 application to be approved. The processing times also depend on the basis of the I-485 application, i.e., whether it is family based, employment based or asylum based.

You only need to state your prior traffic violations in your I-485 application in 3 specific scenarios:

  • If you have any traffic/parking/speeding tickets with a fine of $500 or more
  • If you were called to court regarding your traffic violation,
  • If your citations include any Alcohol or substance abuse concerns.

If your citation does not fall under one or more of the above categories, you do not need to state it in your I-485.

Upon receiving I-485 approval, the applicant is mailed a Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship.

After your I-485 is filed, you will receive a receipt notice from USCIS. After that you will get another notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. And then finally, you will receive another notice for either the approval or in some very limited cases, an interview.

If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are various options available to applicants (depending on the reason for denial), including a motion to reconsider or reopen, appealing the decision, and re-filing.

Applicants have to attend an ASC appointment interview as part of their I-485 approval process. During this appointment, the applicants’ biometric information is obtained by the USCIS. In some rare cases, the USCIS may also ask the applicants to attend a green card interview before issuing the green cards. This is usually done by USCIS to sort out inconsistencies in the information provided by the applicants. When the interview of an applicant might occur depends on the field office that is dealing with that particular applicant’s case.

All USCIS field offices and service centers have average case processing times for each type of application. If you think your case is pending for a long time, you should first check if the case has been pending for longer than the average case processing time for that particular service center or field office. If it is, in that case, you may file an e-request to USCIS to expedite the application process. You may also file a writ of mandamus petition to expedite the case process if the case has been pending for more than 1-2 years.

Yes, you can stay in the US in “pending I-485” status while your I-485 application is being processed by the USCIS. As a matter of fact, you can not leave the US with a pending I-485 application without the advance parole.

As OPT and STEM OPT are nonimmigrant benefits and the I-485 application is the application for an immigrant benefit (your green card), generally the better option is to apply for OPT/STEM OPT first, and file the I-485 application after receiving the OPT/STEM OPT approval. However, you may also file the I-485 application first and then apply for the OPT and/or STEM OPT. However, the applicant has to keep in mind that there is a chance that your OPT/STEM OPT application will be denied if filed after the submission of the I-485.

Tax Return Files are not mandatory or required for the Employment Based I-485 Application. However, if your spouse is a beneficiary of your application and you have a joint Tax Return File or your spouse’s name is mentioned in your Tax Return File then you should submit it as evidence of shared life.

An A-Number (Alien Registration Number) is a seven- to nine-digit number that can be found on a variety of documents from U.S. Citizenship and Immigration Services (USCIS) or the former INS. USCIS uses the Alien Registration Number to track the immigration files for immigrants (and some nonimmigrants). You can find your A number on the EAD card, I-140 Approval Notice, Green Card, naturalization certificate etc.

A valid passport is not necessary at any point during the I-485 application process. You just need to bring your most recent passport, which will be considered by the ASC officers as a photo identification.

Yes, you can, you only need to submit a short explanation to the NVC through the public inquiry form that you wish to file an I-485 application with the USCIS instead of going through the IV Processing.

As a rule, you may only use a nonimmigrant visa to travel to the US for the purposes stated in the visa. For example, B-1/B-2 visitors may only travel to the US for temporary visits related to pleasure or business. They must return home after the purpose of the visit is concluded and/or the authorized stay expires. To prove to the immigration authorities that you did not travel to the US specifically to adjust your status, you shouldn’t adjust your status within the first 90 days of your stay in the US. However, there are exceptions for certain visas.

If the immigration authorities believe that a non-immigrant visa holder (F-1, B1/B2, J-1) engaged in activities inconsistent with their visa status within the first 90 days of their entry into the US, it can lead to the presumption that the individual willfully misrepresented their intent at the time of entry. This rule is called the 90-day rule.

This rule applies to nonimmigrants (for example- F1, B1/B2, J1, etc.) who are in the United States on a temporary visa. If found to have violated the rule, their application for permanent resident status (I-485) may be declined, and their visa revoked.

When you’re counting 90 days, it’s crucial to count it the correct way (and most importantly, the way the USCIS does). The best way is to take your most recent I-94 travel record and add at least 90 days to the most recent entry date to the US. To be on the safe side, you can add 100. Both working days and holidays are counted in the 90-day rule.

For the employment based I-485 application, you will need the following documents from your employer:

  • For EB3 PERM applications, you need a job offer letter, an employment verification letter, an approved PERM labor certification and a signed I-485J form, all signed by your employer.
  • For EB2 applications without NIW, you need a job offer letter, an employment verification letter and a signed I-485J form, all signed by your employer.
  • For EB2 NIW applications, you need a job offer letter and an employment verification letter, all signed by your employer.
  • For EB1 applications, you do not need any documentation from your employer.

If you are currently a PhD or graduate student and are contributing as a research assistant or teaching assistant, you can state that as your current occupation. Please make sure the field where you are working currently - remains the same as the I-140.

Any relative who was 18 years or older at the time of the applicant’s birth can provide the affidavit of birth.

Pictures on the affidavit of the birth letter are not mandatory. But the letter must have the affiant’s signature.

Family-Based Green Card (I-130+I-485)
I-130

There is no limit on the number of petitions a petitioner can file. A petitioner, as a US citizen or Lawful Permanent Resident, can file an I-130 petition for each qualifying relative.

Yes, you can file an I-130 petition without a valid passport for the beneficiary. But we suggest either applying with a passport or getting the passport before submitting the application.

Moreover, you cannot apply for I-485 without a passport.

No, it will not.
Your parents just have to sign an affidavit regarding the name discrepancy. Moreover, in the family-based US immigration, your NID doesn’t hold any value to the USCIS.

If you believe your I-130 was unfairly denied, you may be able to appeal to a separate body, the Administrative Appeals Office (AAO), within 30 days from when the notice was sent or you can file a motion to reopen the application.

Unfortunately I-130 petitions do not have premium processing service. Premium processing is not available for I-485 either.

You can submit a special request to the USCIS to expedite your application process under special circumstances. USCIS usually only considers expediting on the ground of financial hardship, USCIS errors, urgent humanitarian or U.S. government interests.

Yes, you should let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.

Green Card application for spouse

You cannot petition for your spouse unless the marriage has been consummated.

If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A.

You can apply any time after your marriage provided you submit enough evidence of bona-fide marriage and joint documents.

You can still apply for your spouse’s green card without any joint documents if you have other evidence such as a marriage certificate, marriage affidavits, relationship photographs, and timeline of relationship.

Yes, you can, if you are an immediate relative of a US citizen and your unlawful stay period is less than 180 days.

However, if your unlawful stay period is more than 180 days, then you have to fill out I-601/I-601A first and then apply for the green card.

If you are filing an I-130 application for your spouse, they must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. Note that they don’t have to sign the I-130A if they are outside the USA.

 

Fortunately, for a citizen's spouse, the filed I-130 petition does not get revoked after the death of the spouse petitioner, rather it gets converted into an I-360 petition, Petition for Widow(er) of US Citizens.

If you lack one of the primary documents required, such as a Marriage certificate, you must submit other secondary evidence, such as joint documents or affidavits. And also a letter from the appropriate authorities confirming why that document does not exist.

While you are waiting for the I-130 petition to be approved, your spouse may be able to travel to the United States on a non-immigrant visa such as B1/B2 or F1. However, it's important they make it clear to the immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).

 

Yes you have to let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.

You can submit I-130 and I-485 together, only if you are a citizen or if your priority date is current.

You can also file the I-130 now and submit the I-485 later, either after the approval of I-130 or while it is still pending, given that your priority date is current.

For citizens, priority dates are always current for marriage based green card applications.

Yes you have to let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.

Green Card Application for Children

If you are a citizen, you can petition for your married and/or over 21 (adult) children.
However, if you are a Lawful Permanent Resident, you can only petition for your unmarried (under or over 21) children, but not for the married children.

No, you don’t have to. Your children can be included as derivatives on their parent’s I-130 petition if your child is unmarried and under 21 years of age.

Note that, it won’t be the same if you are a citizen. You will have to file separate petitions for your spouse and each child.

If your step child was under 18, at the time of your marriage to their natural parent, you can petition for them.

If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before getting a green card, USCIS will deny or automatically revoke your petition. (Because LPRs are not eligible to petition for their married children even if they are under 21.)

If you are a citizen, the petition will not be revoked automatically when the child gets married. But the visa category changes from F1/ IR2 to F3 which means it would take longer than before.

If you filed for a Green Card for unmarried adult children when you were a permanent resident but then naturalized and became a U.S. citizen, NVC (National Visa Center) can convert the visa category from F2B to F1.
If your child was in F2A category (under 21, unmarried), then it will move to Immediate Relative when you naturalize (if they don’t age out).
If they Age out (become >21), then it will move to the F1 category.

CSPA is counted. CSPA is a process of calculating the beneficiary’s age even when they are aging out. It basically freezes the beneficiary’s age when the priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration petition is pending).

If you lack one of the primary documents required, such as a birth certificate, you must submit other secondary evidence, such as school records, vaccination records or affidavits. And also a letter from the appropriate authorities confirming why that document does not exist.

While you are waiting for the I-130 petition to be approved, your child may be able to travel to the United States on a non-immigrant visa such as B1/B2 or F1. However, it's important they make it clear to immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).

Yes, you should let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.

Green Card Application for Parents

Unfortunately, only citizens can petition for parents and siblings.

Yes, you always need separate petitions for each of your siblings.
You also need separate petitions for your father and mother.

If the marriage between your step-parent and natural parent that created the relationship took place after you turned 18 years of age, then you cannot. But if you were under 18 at that time, you can apply for your step-parent.

If you lack one of the primary documents required, such as a birth certificate, you must submit other secondary evidence, such as school records, vaccination records (where both of your parents’ names and your date of birth are mentioned) and affidavits. And also a letter from the appropriate authorities confirming why that document does not exist.

While you are waiting for the I-130 petition to be approved, your mother may be able to travel to the United States on a non-immigrant visa such as B1/B2. However, it's important they make it clear to immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).

Green Card Application For siblings

Yes, you always need separate petitions for each of your siblings.
You also need separate petitions for your father and mother.
Parents are immediate relatives. And immediate relatives cannot have any derivative applicants (such as spouse or children) in their petitions.

No. The spouse and children of your sibling become the derivative applicants on your siblings’ petition.

In case of Adjustment of Status, the spouse/child of the beneficiary can directly apply as a derivative applicant. Nothing else needs to be done.
In case of IVP, you will need to add the derivatives in CEAC by submitting an NVC public inquiry form or via the embassy.

CSPA is counted. CSPA is a process of calculating the beneficiary’s age even when they are aging out. It basically freezes the beneficiary’s age when the priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration petition is pending).

Yes, you can. But the stepbrother has to be under 18 at the time of the step parent’s marriage to their natural parent.
Note that this rule does not apply to the half-sibling relationships.

CSPA is counted. CSPA is a process of calculating the beneficiary’s age even when they are aging out. It basically freezes the beneficiary’s age when the priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration petition is pending).

Unfortunately, in case of principal beneficiary’s death, an I-130 petition for alien relatives is automatically revoked or denied.

If the petitioner dies after the approval of the I-130, then the principal beneficiary can apply for a humanitarian reinstatement.
However, if the petitioner dies when the I-130 is still pending, the principal beneficiary or the derivative beneficiary can seek relief under 204(l). But the primary/derivative beneficiary has to reside in the USA at the time of the death of the principal beneficiary and continue to reside in the USA for seeking relief.

If you lack one of the primary documents required, such as a birth certificate, you must submit other secondary evidence, such as school records or affidavits where both of your parents’ names are mentioned. And also a letter from the appropriate authorities confirming why that document does not exist.

While you are waiting for the I-130 petition to be approved, your sibling may be able to travel to the United States on a non-immigrant visa such as B1/B2 or F1. However, it's important they make it clear to immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).

Affidavit of Support (I-864)

This form is legally required for family-based i-485 or IVP applications to show the petitioner/joint sponsor has adequate means of support the beneficiary after immigration to the United States.

A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.

Domicile is a complicated issue that must be resolved on a case-by-case basis. A petitioner who is residing abroad must have a primary residence in the United States and intend to maintain that residence for the foreseeable future in order to qualify as a sponsor. Sponsors who are lawful permanent residents (LPRs) must demonstrate that they are maintaining their LPR status.

No, the law requires sponsors to be domiciled (live) in any of the United States, the District of Columbia, or any of the United States' territories or possessions.

To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal Poverty Guidelines for your household size. The income requirement can vary depending on the household size, the sponsor’s residence, and whether the sponsor serves the U.S. Armed Forces or not.

Petitioners who are unable to meet the income criteria have the following options:

  • Use the income of the intending immigrant.
  • Find a "joint sponsor" who agrees to financially support the visa applicant as well,
  • Use the income of a household member to meet the Poverty Guidelines.
  • Use the household assets to meet the income criteria.

Financial sponsors can only include assets that can be converted into cash within one year and without causing significant hardship or financial loss to the sponsor or his or her family. Savings, stocks, bonds, and property are examples of assets that are easily convertible to cash. Sponsors are allowed to include the value of their house. They may not include the value of their vehicle unless they can demonstrate that they have more than one and that the primary vehicle is not included as an asset.

Your obligation to support the immigrants you are sponsoring in this Affidavit of Support will continue until the sponsored immigrant becomes a U.S. citizen.

I-765

In order to work while your I-485 application is pending, you need a work authorization from the USCIS. In order to obtain this, you need to file the I-765 application with the I-485 application.

The I-765 application is filed to obtain work authorization for the applicant. Upon approval of this application, the applicant is granted an EAD card, which allows them to work while their green card is pending.

Just like I-485 applications, the processing times for I-765 applications vary between different USCIS service centers and benefits centers. In general, it takes around 6-7 months to receive approval.

If you submitted Form I-765, Application for Employment Authorization, along with your Form I-131, Application for Travel Document, as a part of your adjustment of the status package, the EAD and advance parole travel document are generally combined on a single combo card. With the combo card, you are considered an adjustment of status applicant who may work in the United States and travel outside the U.S. according to the criteria of advance parole.

The filing fees for Form I-765 is $260 if filing along with the I-485 application or under a pending I-485 application.

I-131

Many applicants want to travel abroad while their I-485 is pending to visit family, take a vacation, or even tend to urgent matters. Generally, an AOS applicant that leaves the United States without advance parole will abandon the I-485 application and will likely have trouble reentering. That is why applying for I-131 for advance parole along with I-485 is necessary.

The filing fees for Form I-131 is $630 if filing along with the I-485 application or under a pending I-485 application.

Yes, you can travel while Form I-485 is pending if USCIS has granted you Advance Parole. Remember that, if you travel before approval of Advance Parole (I-131), your I-485 will be denied.

The date that is entered in the I-131 application as the date of travel is a tentative date. The length of the trip is also approximate. You do not have to put in your exact travel date, nor do you have to follow that exact date while planning for a trip.

USCIS may expedite your application if you have a dire emergency and can provide evidence for the urgent need to travel (e.g., medical documentation, death certificate).

You may be able to obtain an emergency Advance Parole Document if one or more of the criteria below have been met:

  • Severe financial loss to company or person;
  • Emergency situations;
  • Humanitarian reasons;
  • A nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
  • Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.);
  • USCIS error; or
  • Compelling interest of USCIS.

When traveling with advance parole as an adjustment of status applicant, you need to remember to:

  • Take your original Advance Parole Document
  • Take a photocopy of the I-797C Notice of Action confirming that your I-485 application was accepted.
  • Return before the deadline on your Advance Parole Document – leave extra time in case of travel delays
Public Charge Ground of Inadmissibility

Form I-485, Application to Register Permanent Residence or Adjust Status, includes questions related to whether the applicant is subject to the public charge ground of inadmissibility under INA section 212(a)(4).

Except for some special applicants, every I-485 applicant is subject to the public charge ground of inadmissibility.

USCIS evaluates factors such as the applicant's age, health, family status, assets, resources, financial status, and education and skills to assess their likelihood of becoming primarily dependent on the government for subsistence.

Public cash assistance for income maintenance and long-term institutionalization at government expense are considered when determining if an applicant is inadmissible to the US under the public charge inadmissibility grounds.

Yes, USCIS considers an applicant's assets and resources as part of the factors assessed to determine the likelihood of becoming a public charge.

USCIS considers an applicant's education and skills as factors that may influence their ability to secure employment and financial independence in the United States.

Generally, USCIS does not consider non cash benefits in making public charge determinations. The only non cash benefit they consider is long-term institutionalization at government expense. They also do not consider special-purpose cash assistance that is not intended for income maintenance.

Yes, certain humanitarian categories such as refugees, asylees, and victims of trafficking or qualifying criminal activity are exempt from the public charge of inadmissibility.

Failure to disclose relevant information can lead to delays or denials in the application process.

Disclose this information on Form I-485 and explain the circumstances in the additional information section.

Yes, household income and assets of all included family members must be disclosed, excluding specific illegal sources.

Yes, all applicants filing Form I-485 must undergo a public charge assessment. This includes providing information about their financial status, education, skills, health, and other relevant factors.

Receiving certain public benefits may raise concerns about the applicant's ability to support themselves financially in the future. It's essential to understand which benefits are considered and consult with immigration counsel if you have concerns about your eligibility.

Certain categories of applicants may be exempt from the public charge rule or eligible for waivers, such as refugees, asylees, and certain other humanitarian cases. It's essential to review the specific eligibility criteria and consult with immigration experts if you believe you qualify for an exemption or waiver.

N-400

If you are married to a U.S. citizen for three years and have been living in the U.S. with your spouse as a permanent resident for at least three years, you may be eligible for naturalization to become a U.S. citizen. In other cases, you will have to wait at least five years as a permanent resident before you can naturalize.

You must live within the state or USCIS district from which you are applying for at least 3 months before filing.

You have to be at least 18 years of age at the time of filing (except active duty members of the U.S. Armed Forces).

You have to maintain continuous residence for a required period of time. If you are filing form N-400 (naturalization application) because you have been a green card holder for 5 years or more, then you need to maintain physical presence in the United States as a permanent resident for at least 30 months. On the other hand, when you apply for naturalization because you have been a parliament resident for 3 years, but you are married to a US citizen, then you need to maintain physical presence as a green card holder for at least 18 months.

You might be able to apply for naturalization even if your green card is expired. USCIS does not explicitly ask for a valid or unexpired green card for citizenship application. Many have been able to get their citizenship while filing N-400 (naturalization application) with an expired green card. However, you should consult an immigration attorney if your green card is already expired and you want to file for naturalization. Another option is, you can submit form I-90 to renew or replace your current green card, and then file for naturalization with the receipt notice of your pending I-90 (Application to Replace Permanent Resident Card ).

A conditional green card remains valid for a two-year period. A permanent green card is valid for ten years; otherwise, the two cards offer the same rights and privileges. You can apply to remove conditions from your conditional green card before the expiration of that conditional green card. If USCIS approves your condition removal application, you will be given a permanent resident card.

In short, no. You have to become a permanent resident from a conditional residence before you can apply for N-400. However, if you have already applied to remove the condition and you have a receipt notice for this application (I-797C-Notice of Action), then you can apply for naturalization with the receipt notice.

You can legally change your name when you naturalize. You need to input your name change request in the forms and submit evidence regarding the matter if you want to legally change your name.

Yes. You can legally change your name after filing your application for naturalization with USCIS. If your name has changed after you filed a naturalization application, you must promptly provide USCIS with the documents that legally changed your name, such as a marriage certificate, divorce decree, court order, or other official records.

Yes. You need to provide your residence history for the last 5 years till your naturalization application.

Yes, you need to provide your every employment for the last 5 years till your naturalization application. You will also need to mention this even if you were unemployed during this time.

Yes, you need to provide information about your every child regardless of whether they are alive, missing, deceased; born in other countries or the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.

If one of your parents (or both) were citizens when you were born abroad, you may automatically become a U.S. citizen.

You can naturalize through the N-600 application if you are under 18 years old and one of your parents becomes a US citizen through naturalization.

Good moral Character is one of the crucial requirements for naturalization as a US citizen. A lot of behavior and conduct can be considered by USCIS as a bad moral character which is not necessarily a criminal offense. Here are some examples of conduct that demonstrate a lack of good moral character- Any crime against a person or property or the government with an intent to harm or fraud, Two or more crimes for which the accumulated sentence was more than 5 years, violating any controlled substance abuse act, habitual drunkenness, illegal gambling, polygamy, failing to pay court-ordered child support or alimony, lying to gain the immigrant benefit, persecution of a person based on their religion, race, sexual orientation, political opinion, etc.

Confinement in prison, jail, or similar institute for 180 days or more in the past 5 years might demonstrate a lack of good moral character.

There are certain crimes that not only show a lack of good moral character but also may cause you to be permanently ineligible for naturalization. Generally, the offenses that can cause such permanent bars are- murder, any aggravated felony if you are convicted on or after November 29, 1990, genocide, torture, persecution, or severe violation of religious freedom.

The USCIS's definition of an aggravated felony covers a wide range of offenses, including some you might assume, such rape, child pornography, sexual assault on a child, trafficking in drugs or weapons, racketeering, operating a prostitution business, and $10,000 or more in fraud.

Yes. You should mention all the offenses you committed in your N-400 form in the designated spaces even when your criminal record is expunged (removed from your record) or the crime was committed before your 18th birthday. If you hide any information regarding this and it is found out by USCIS later there is a good possibility that your application might be denied.

If you have been arrested or convicted of a crime, you must submit a certified copy of the arrest report, sentencing, court deposition, and other relevant documents. The only exception to this rule is a traffic citation if it was not a drug or alcohol related and the fine was under $500. In that case, you do not need to submit any documentation regarding this.

Yes, it is illegal for an immigrant to marry someone just to get a green card or citizenship or any other immigration. These unions are additionally characterized as sham or false unions. According to the United States Citizenship and Immigration Services (USCIS), this is a federal offense with serious repercussions for the offender, a citizen of the United States, as well as other convicts.

Both the American citizen and the immigrant will be prosecuted if found.

  • For the Immigrant: If found guilty of marriage fraud or a sham marriage, the immigrant will face serious consequences. A person who intentionally and knowingly enters into a marriage with the intent to evade any immigration legislation is subject to a five-year maximum prison sentence, a fine of no more than $250,000, or both, according to INA 275 (c).
  • For the U.S. Citizen: From a citizen's perspective, there are two sorts of marriage fraud. They knew the marriage wasn't legal going into it, or they didn't know what the foreign spouse's intentions were. As opposed to the former, which is a false marriage, the latter is marriage fraud. Depending on the level of involvement, the citizen may be subject to fines, jail time, or both. They're likely to face serious charges if they agreed to be married in exchange for money or other benefits.

The USCIS places a high priority on checking the real marital situation for possible fraud due to the surge in marital fraud throughout the years. To stop them, it collaborates with a number of allied organizations, such as ICE and NVC.

A bona fide marriage was entered in “good faith.” This practically means that spouses were in love with each other, and they intended to stay together forever, not until a foreign spouse gets a green card. Such marriage differs from a marriage which took place to take advantage of U.S. immigration laws unjustly, otherwise known as a fraudulent marriage.

If you are a green card holder and you want to file for naturalization based on your marriage to a US citizen, you must have been married to your U.S. citizen spouse for at least three years before submitting your N-400 application. This clause stipulates that you must have been married to your citizen spouse for the whole three-year period prior to filing. If you and your spouse truly live together, USCIS will regard the two of you as "living in marital union." However, this does not mean you and your US citizen spouse need to physically live together the entire time.

  • If your U.S. citizen spouse dies at any time prior to you taking the Oath of Allegiance.
  • If you or your spouse terminated the marriage through divorce or annulment,
  • If you are no longer actually residing with your U.S. citizen spouse following a separation.

Yes. You will have to mention every trip duration outside the USA for the last five years till the naturalization application. Every 24 hours spent outside the USA will be counted as a trip day.

The number of your trips outside the USA and length of those trips can affect your naturalization application immensely. If you are filing Naturalization based on 5-year- permanent residency, you must be physically present in the USA for at least 30 months in the last 5 years. If you are filing N-400 based on 3-year-permanent residency, you must be physically present in the United States for at least 18 months in the last 3 years. When counting the total number of days spent outside the country, include all the trips you took outside the USA in the last 5/3 years.

No trip outside the United States in the last 5 years (3 years in case of marriage based naturalization) should last more than 6 months as it brings complications in the Naturalization process. If any of your trips last more than 6 months but less than 1 year, you will have to provide proof of maintaining residency in the United States during the time of absence. You should consult an experienced immigration attorney, if your situation is like this.

No. Any single trip should not last more than 1 year, if you have a naturalization plan in the foreseeable future. If you have a trip longer than 1 year, your continuous residency will break. That means, the countdown of your 5-year/3-year green card holding period will start over from the day of your return to the USA .

Physical presence refers to the total number of days you spent in the country as a permanent resident prior to filing the naturalization application (form N-400). Continuous residence refers to the period of time you have lived as a green card holder in the US without taking any single trip that might "break" that continuity for naturalization purposes. For example, if you take any trip outside the USA that lasts more than 6 months, the amount of days you have spent in the USA as a green card holder prior to this trip, might not be counted towards your eligibility for naturalization thus breaking your continuous residence.

After the first and second steps of the naturalization process are complete, that means applying and getting biometrics done USCIS will send you an appointment notice with the date and time of your interview.

You will get to know which USCIS field office you must go to for your interview from the appointment notice. The location of your appointment will be determined by the ZIP code you provided in the “Current Physical Address” section of your N-400 form.

To notify USCIS about your current address change, you will need to fill up AR-11 and submit it online. It is a very easy process with no fees involved. All the information you will need is your new address, old address, A-number, and Receipt number of pending N-400. You must do it within 10 days after you move to your new address. Keeping your current address up-to-date in this way will help you get all the important notice from USCIS including the interview appointment notice.

Yes. You should bring certain original documents to your interview. Examples of these documents include; original birth, marriage, divorce, final adoption, and naturalization certificates; court orders/decrees; evidence of child support payments; court-certified arrest reports; and probation/parole records. Certain certified copies of documents can also be provided.

You may bring a representative, or an interpreter (if needed) with the appropriate paperwork such as submitting the G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) form with your N-400 form. Moreover, you may take a family member or friend with you, clarifying the reason why you need their support during the interview.

You can be asked anything in the interview. However, keep in mind, Before the interview, the USCIS officer will review your Form N-400 and your “A-File,” which is a collection of records documenting your immigration journey. Generally, the USCIS officer will explore the content of these files and take clarification from you during the interview.

Yes. USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits.

No. You only become a US citizen after you attend a formal naturalization ceremony and take an oath of allegiance. After a successful interview USCIS will notify you about this by sending a notice to take an oath of allegiance (Form N-445).

You can appeal requesting a hearing to re-evaluate the decision by filing form N-336. You will get this form with the denial letter from USCIS. The form must be submitted with the correct fee within 30 days of receiving the denial letter. If you are still aggrieved by the decision of this appeal, you can file another appeal to the district court.

Yes. USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits. You should state your disability or impairment and the required accommodation in the assigned space of N-400 form (naturalization application)

Usually, you have to take your naturalization tests, both English and Civics, on the same day as your naturalization interview if there is a slot available on that day, otherwise they will schedule another day for the tests. The tests are part of a naturalization interview and take place during the interview.

As part of the naturalization process, applicants for U.S. citizenship must pass a two-part naturalization test. The first component is an English test that assesses the applicant’s ability to read, write, and speak in the language. The second, a civics test, evaluates the applicant’s knowledge of U.S. history and government.

The civics test is an oral test and the USCIS Officer will ask the applicant up to 10 of the 100 civics questions. An applicant must answer 6 out of 10 questions correctly to pass the civic portion of the naturalization test. You will find the complete list of 100 questions on the USCIS website among which the USCIS officer will randomly choose 10 questions.

If you are 50 years old or older and you have been a green card holder for at least 20 years, you will be exempted from taking the English test. But you will still have to take the civics test.

Also, If you are 55 years old or older and you have been a green card holder for at least 15 years, you will be exempted from taking the English test, but not the civics test.

In two cases an applicant can be exempted from both English and Civics tests. Firstly, If the applicant is aged 65 and older and has lived in the U.S. as a green card holder for at least 20 years, they will be exempted from both tests.

Secondly, If the applicant has any medical disability. It should be noted, to prove the ground of medical disability, Form N-648 must be filed with a naturalization application.

Yes. You can request an exception to the English language and/or civics tests based on a physical or developmental disability or mental impairment that prevents you from complying with the English language and/or civics requirements for naturalization. Submit Form N-648, Medical Certification for Disability Exceptions, as an attachment to your Naturalization application (Form N-400). Remember that, USCIS will not exempt you from any test on ground of disability if you have not filed form N-648.

IVP

With the approved I-130, you can proceed with the next steps based on your location. If you're in the U.S., file the I-485 Application to Adjust Status. If abroad, the National Visa Center will guide you through the Immigrant Visa Processing (IVP). Pay close attention to the priority date assigned during the I-130 approval, as it determines your place in the visa queue and influences when you can move forward in the process.

If an immigrant visa is available for you, NVC will begin pre-processing your case by asking you to pay the appropriate fees on the CEAC website. After the appropriate fees are paid, you will be able to submit the necessary immigrant visa forms and documents. If visas are not available for your visa category, NVC will notify you that NVC received your petition and will hold it until a visa becomes available.

Visit CEAC website, enter your case number and invoice ID, complete security validation, and click "Submit" to log into your CEAC portal. NVC will send you the credentials, case number and invoice ID, for logging into the CEAC website in the welcome letter.

The family-based immigrant visa processing fees consist of $325 for each applicant undergoing Immigrant Visa Processing (IVP) and an additional $120 for the Affidavit of Support.

An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. The person who signs the Affidavit of Support is also called the “sponsor.”

The petitioner of a family-based petition (Form I-130) must submit an affidavit of support in order to sponsor the applicant she/he petitioned for. Also, if the annual income of the petitioner does not meet the USCIS minimum required level, a joint sponsor also should submit an affidavit of support for the applicant along with the petitioning sponsor.

A joint sponsor is a U.S. citizen or green card holder who agrees to take on the legal obligation of financially supporting an applicant for a family-based green card.

The main sponsor (the petitioner who filed Form I-130) is also known as the petitioning sponsor. If the petitioning sponsor does not have sufficient income to support the intending immigrant, she/he may need the help of an additional sponsor. The additional sponsor is called a joint sponsor.

The family-based IVP application is an online process. To submit and affidavit of support form you have to fill up the pdf file of the I-864 form, sign it, scan it, upload and submit it on your spouse’s CEAC portal.

The family-based immigrant visa application is an online process. You have to fill up an online form called DS-260 after logging into the CEAC port and paying the fees. After filling up the form you have to submit it along with the required civil documents on the CEAC website.

Yes, if your I-130 petition's priority date is current and you're residing in the U.S., you can submit an adjustment of status application after staying for at least 90 days (if on a nonimmigrant visa). And notify the NVC about your intention through the public inquiry form.

If a visa is available for your category, and your situation involves a life or death emergency, processing of your case may be expedited. For an expedite request, please submit a scanned letter (or statement) to NVCExpedite@state.gov explaining the situation along with strong evidence.

You can try requesting NVC to update your information on the form through a public inquiry form. However, if NVC refuses to update the form, you should consult an experienced immigration attorney regarding this issue.

Yes, you can. If you move to another country during your application process while the case is at the NVC, you can submit a request to change your consulate through the public inquiry form along with proper evidence of your legal stay in the desired country.

After submitting the application and the required documents, NVC will review your application and the documents. If they need any further information or documents they will notify you through the CEAC portal. After receiving all required information and documents, they will send you an email stating that your case is now documentarily qualified (DQ).

Now NVC will start working with the respective US consulate to secure an interview date for you. After securing the date, NVC will notify you regarding the interview date, place and time through an interview letter. In the meantime, you do not have to do anything but to wait for the interview letter.

If the petitioner becomes a US citizen from LPR during the IVP process, the visa category of the applicant will be changed and to update the visa category, the petitioner or the applicant has to notify the National Visa Center (NVC) regarding the change of US status of the petitioner along with proper evidence (US Passport/Naturalization Certificate).

If the petitioner dies during the IVP process, there are ways to reinstate the petition (if they are eligible). Please contact an experienced immigration attorney to move forward with the application.

If the petitioner withdraws the petition before the immigrant visa interview, the petition will be dismissed by the USCIS.

Since you are a green card holder, your new born child will be considered as a derivative of your spouse’s immigrant visa application and you can add the new born child to her IVP application. If you want to add your new born child to your spouse’s IVP application, you have to login to your spouse’s CEAC portal and click the ‘Add Applicant’ button at the bottom left corner of your spouse’s CEAC portal and put your new born child’s full name, upload the child’s birth certificate and passport at the designated section and submit the request. NVC will add your new born child as a derivative of your spouse within 2/3 business days.

Since you are a citizen of the United States, your new born child will not be considered as a derivative of your spouse’s immigrant visa application and you can not add the new born child to her IVP application. However, since you are a citizen of the United States and were at the time of your child’s birth, the child can directly get an US citizenship status. To get an US citizenship for your child, you have to report the child’s birth at the nearest U.S. embassy or consulate as soon as possible so that a passport and/or Consular Report of Birth Abroad (CRBA) can be issued as an official record of the child’s claim to U.S. citizenship or nationality.

Since you are a citizen of the United States, your siblings will not be considered as a derivative of your parent’s immigrant visa application if your siblings are married or over 21 years of age and you can not add them to your parent’s IVP application. You have to file a separate I-130 petition for your siblings. However, if your siblings are unmarried and under 21 years of age, you can add them as a derivative applicant to your parent’s immigrant visa application. To do so, you have to login to your parent’s CEAC portal and click the ‘Add Applicant’ button at the bottom left corner of your spouse’s CEAC portal and put your sibling’s full name, upload his/her birth certificate and passport at the designated section and submit the request. NVC will add your sibling as a derivative of your parent within 2/3 business days.

According to the Child Status Protection Act (CSPA) you can deduct the time period while your mother’s I-130 case was pending for approval at the USCIS from your age. And your age freezes when an immigrant visa becomes available for your mother’s case. As per your information, your mother’s I-130 petition was pending at the USCIS for 3 years 3 months and 12 days (from 02/02/2006 to 05/13/2009) and your age was 23 years 9 months and 19 days (from 11/28/1998 to 09/15/2022) at the time while an immigrant visa became available for your mother’s application. Now, if we deduct the I-130 pending time from your freezed age your CSPA age should be 20 years 6 months and 7 days which is under 21 years of age. Therefore, you can get an immigrant visa as a derivative of your mother’s IVP application if you remain unmarried by the time of your visa interview.

To be counted as a derivative of your parent’s immigrant visa application you should be unmarried and under 21 years of age at the time of the immigrant visa interview. Since you got married while your father’s case was pending, you will no longer be counted as a derivative of your father’s immigrant visa application and you will not get an immigrant visa under the same application.

With the approved I-140, you can proceed with the next steps based on your location. If you're in the U.S., file the I-485 Application to Adjust Status. If abroad, the National Visa Center will guide you through the Immigrant Visa Processing (IVP). Pay close attention to the priority date assigned during the I-140 approval, as it determines your place in the visa queue and influences when you can move forward in the process.

If an immigrant visa is available for you, NVC will begin pre-processing your case by asking you to pay the appropriate fees on the CEAC website. After the appropriate fees are paid, you will be able to submit the necessary immigrant visa forms and documents. If visas are not available for your visa category, NVC will notify you that NVC received your petition and will hold it until a visa becomes available.

Visit CEAC website, enter your case number and invoice ID, complete security validation, and click "Submit" to log into your CEAC portal. NVC will send you the credentials, case number and invoice ID, for logging into the CEAC website in the welcome letter.

The employment-based immigrant visa processing fees consist of $345 for each applicant undergoing Immigrant Visa Processing (IVP).

Not all employment-based visa applications require an affidavit of support (for example: NIW-based immigrant visa application).

The employment-based immigrant visa application is a hybrid process (online and offline). You have to fill up an online form called DS-260 after logging into the CEAC port and paying the fees with the credentials mentioned on your welcome letter. After filling up the form you have to submit the form and ship the required documents to the NVC through USPS or any express courier mailing service.

Yes, if your I-140 petition's priority date is current and you're residing in the U.S., you can submit an adjustment of status application after staying there for at least 90 days (if on a nonimmigrant visa). And notify the NVC about your intention through the public inquiry form.

If a visa is available for your category, and your situation involves a life or death emergency, processing of your case may be expedited. For an expedite request, please submit a scanned letter (or statement) to NVCExpedite@state.gov explaining the situation along with strong evidence.

You can try requesting NVC to update your information on the form through a public inquiry form. However, if NVC refuses to update the form, you should consult an experienced immigration attorney regarding this issue.

Yes, you can. If you move to another country during your application process while the case is still in the NVC, you can submit a request to change your consulate through the public inquiry form along with proper evidence of your legal stay in the desired country.

 

After submitting the application and sending the required documents, NVC will review your application and the documents. If they need any further information or documents they will notify you through an email. After receiving all required information and documents, they will send you an email stating that your case is now documentarily qualified (DQ).

Now NVC will start working with the respective US consulate to secure an interview date for you. After securing the date, NVC will notify you regarding the interview date, place and time through an interview letter. In the meantime, you do not have to do anything but to wait for the interview letter.

It depends on your visa category and your designated US consulate. The wait time for an interview appointment letter varies due to the above mentioned issues and various circumstances.

This depends on your designated US consulate. However, generally you have to conduct a medical exam, register a document delivery option and gather all of your original civil documents you submitted to the NVC before the interview date.

Most consulates allow you to bring an interpreter or they arrange an interpreter for you. If they allow you to do so, the interpreter will translate you the questions of the visa officer and you can answer them in your native language. If you can not arrange an interpreter and the interviewing officer can not talk in your native language, you can not talk in your native language during your immigrant visa interview.

It entirely depends on your visa category, your designated US consulate and the officer conducting the interview. Therefore, it is very difficult to provide you with a concrete timeframe.

If it is a self petition and the petitioner is also the applicant, then the petitioner must attend the interview. However, if the petitioner is not an applicant, then the petitioner does not need to attend the interview.

Most consulates allow a person to accompany the applicant if the applicant is an elderly person, disabled or a minor child. Otherwise you have to depend on the regulations of your designated consulate regarding this issue.

Yes. All applicants registered for immigration, including children, are required to visit the Consulate in person for a formal visa interview.

The expected questions during an immigrant visa interview entirely depend on your visa category and your designated US consulate. However, you might face some questions regarding your relationship to the petitioner, your intention after admitting into the US, your occupation, your employment history, questions about your other family members, etc.

No, after the interview they will keep your passport and some other documents (depending on the designated consulate) and let you know whether your visa is approved or not. After the approval of your visa, they will send your passport and other documents along with some further instructions to your registered delivery address.

After receiving an immigrant visa, you have to pay the ‘Immigration Visa Fees’ to the USCIS before entering into the US.

No, you can not open the visa packet, the visa packet must be opened by the CBP officials at your port of entry in the US. If you open the visa packet before, your visa will be invalidated. As a result, you won’t be able to enter the US.

Writ of Mandamus

Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty. In simple terms, Writ of Mandamus is a type of suit or case to compel the Government agencies to do their duties, which they are supposed to do under law.

The implication of filing a writ of mandamus in an immigration matter is that you can request the Court to ask the concerned Government agencies to perform their duties on time. For example, suppose your visa application is stuck in an administrative process or you are awaiting an interview appointment. In that case, you may file a writ of mandamus requesting the Court to compel the concerned Embassy or consulate to adjudicate your visa application or schedule a visa interview appointment within a reasonable time.

Writ of Mandamus is one type of judicial remedy and in every legal dispute, unless it is between two private individuals, one or more Government agencies get involved as relevant parties. Filing writ of mandamus against Government agencies will have no negative impact on the adjudication of your application or petition.

You have to email us at raju@rajulaw.com or info@rajulaw.com expressing your interest in filing a writ of mandamus. After that, our Admin Team will contact you and initiate the process of retaining you as our client. After retaining you as our client, the Admin Team will forward the matter to the Litigation Team, and they will take over the case from that moment. The Litigation Team will prepare the writ in your case and submit it before the Court accordingly. The Litigation Team will take 14-16 days to prepare and submit your writ before the Court. The Court may take 3-4 days to issue summons, and our Business Support and Services Team will send those summons physically to the defendants. After the summons has reached the defendants, we will submit the proof of issuing the summons to the court, and since the delivery, the defendants have 60 days to respond to a case. In addition, it may take 1-2 months to get a response from the concerned agency (USCIS, Embassies, Consulates, etc.) regarding your case from the date of filing the writ. According to our experience, it takes around 2-5 months to get a remedy to the mandamus lawsuit.
Please call us at 833-725-8529 or email us at info@rajulaw.com or raju@rajulaw.com.

You will get automated email notifications time to time from the Court after submitting the Writ. We can also call the court clerk anytime and ask about the status of your case. Also, the opposite party's lawyers will keep us updated.

Yes, it confirms that your visa has been approved. However, in such scenarios, we recommend the clients to collect their passports with visa stamps and inform us accordingly. Thereafter we inform the Court about it and submit a voluntary withdrawal motion.

There are three types of costs involved in filing the writ of mandamus with our Law Firm:

  • Attorney Service Fee
  • Court Fee
  • Summon Shipment Fee

The Court fee for filing a Writ of Mandamus is US $405. The summon shipment fee is around US $200, depending on the number of defendants.

  • The attorney service fee for an F-1 & J-1 based Writ of Mandamus is US $2500;
  • For all other categories, the attorney service fee is US $3000;
  • The Case Opening Fee is US $250.

The client shall pay the entire Attorney Fee and the Court Fee at once while retaining the Writ of Mandamus service.

You may pay us through Paypal, Lawpay and Zelle. If you are from Bangladesh, you may pay at our local bank account with local currency. However, if you pay us through Paypal or Lawpay, you have to pay an extra 3% of the payment that you are intending to make, which is the service charge for Paypal and Lawpay.

Yes, if your asylum application is pending a decision for more than two years, or if you are awaiting an interview appointment for your pending application, you can retain us to file for a writ of mandamus to avail both the relief. We will take care of both adjudication and interview appointment dates in the same Writ of Mandamus.

You can retain our service for the following visa or immigration application or petition. Nonimmigrant visas include B visitor visa, E visa, F student visa, H professional employment visa, K fiancée visa, L intracompany transferee, O extraordinary ability, J Exchange visitor visa, and other nonimmigrant categories. You can also retain us for immigrant visas, such as for a spouse, parent, or other family members, EB-1 extraordinary ability, EB-2 national interest waiver, EB-3 workers, EB-5 investor immigration, and Diversity Lottery Visa.

If you have submitted a petition pending adjudication or are awaiting an interview appointment, you can also retain us to file a Writ of Mandamus. You can retain our service for petitions such as naturalization (form N-400), adjustment of status (I-485), family immigration (I-130, I-751), fiancée (I-129F), employment-based nonimmigrant (I-129) and immigrant petitions (I-140, I-526, I-829), and special immigrant categories (I-360).

In non-immigrant visa categories, we recommend a delay of more than six months, and in immigrant categories, we recommend a delay of at least one year before opting for a mandamus lawsuit and having a successful mandamus outcome.

As the client is to pay the entire attorney fee and court fee at once while retaining the Writ of Mandamus service, the client is refunded based on our progress in their case. The Admin Team will share the task progress breakdown in the retainer agreement with the client.

We mainly communicate with the client through email. The litigation team deliberately answers all individual emails, queries, and concerns and immediately updates our clients if there is any substantive update or improvement in their cases.

We do not guarantee our clients that filing a mandamus lawsuit will give them the desired result. However, our team puts in 100% effort to ensure they do everything necessary to help the clients and continuously communicate with the court clerk and the agency to get updates on each case. The federal court process is unpredictable, and we can not force the federal court or agency to approve a visa; we can only compel them to provide a timely decision on your case. However, our firm holds a very successful rate of cases (98.2%).

FOIA

The Freedom of Information Act (FOIA) is a Federal Statute. FOIA allows anyone to access or request recorded information from public authorities. Through FOIA, any person can request records from the Federal Agency or the Executive Branch of the United States Government. The federal agencies must disclose the requested records unless the records are protected from disclosure by any or nine exceptions contained in the law or by one of three special law enforcement record exclusions.

A FOIA request is a written request made to a U.S. federal agency by any individual or entity requesting federal records, including information and databases held or believed to be held by an agency.

If you want any particular information on your visa or immigration case, you can request a FOIA from the designated agency currently dealing with your immigration status. Furthermore, you can submit a FOIA request to obtain a record/document you do not possess or own.

You must email us at raju@rajulaw.com or info@rajulaw.com expressing interest in requesting under FOIA. After that, our Admin Team will contact you and initiate the process of retaining you as our client. After retaining you as our client, the Admin Department will forward the matter to the Litigation Department, and they will take over the case from that moment. The Litigation Team will take 5-7 days to prepare the FOIA request in your case and submit it accordingly to the designated agency. Since the submission, it may take 2-3 months to receive a response from the agencies, but the processing time varies from case to case.

There are two types of costs involved in requesting under the FOIA with our Law Firm:

  • Attorney Fee: $400 + Agency Processing Fee
  • The Client shall pay the entire Attorney Fee while retaining the service.

After the Admin Department introduces us to the Client, we collect all the necessary information from the client, and based on the information, we provide the client with a list of required documents to make the FOIA request. Since collecting the necessary documents, we will take 5-7 days to prepare and finalize all documents and submit the request to the designated department or agency. FOIA requests have different submission requirements depending on the department from which we seek information. Therefore, if the clients give us all the necessary information, we can determine the appropriate agency to make the FOIA request and proceed accordingly.

F-1 Visa
Application Preparation and Requirements

You must have the minimum CGPA as your preferred course and university requested.

  • IELTS/TOEFL/PTE/Duolingo
  • SAT/ACT exam for bachelor's
  • GMAT or GRE for masters/PhD
  • Proof of finances (bank statement/ solvency certificate).
  • Proof of successful completion of high school in the form of a diploma or certificate
  • Transcript of high school mark sheets, certificates, diplomas, and all related documents
  • English proficiency test scores
  • Proof of finances (bank statement/ solvency certificate).
  • Copies of mark sheets and certificates attested by the university and sent by the university official in a stamped and sealed envelope
  • Scanned transcripts in a PDF format for online application
  • CV/Resume
  • Personal Statement
  • Letter of Recommendation(s)
  • Writing Sample(s)
  • Test Score Reports/English Proficiency Test (IELTS/TOEFL/PTE/DUILINGO)
  • Portfolio
  • Standardized exam score/GRE/GMAT (if applicable)
  • A credential evaluation report from one of the approved organizations

Note: Document requirements may vary with different programs. To check the exact requirements, please refer to the intended course page on the university website.

Universities typically begin accepting applications for Fall admission in September, with deadlines falling between February and March of the following year.

Since the academic year in the U.S. commences during this time, you get the opportunity for networking and scholarships, which are beneficial for the entire duration of your degree.

  • Another advantage of fall intake over Summer or Spring intake is that all universities in the U.S. offer all the programs during this time.
  • The most significant advantage of enrolling in a university in the U.S. during fall intake is that you get numerous on-campus job opportunities.
  • Enrolling during the Fall intake will give you many opportunities to apply for internships in the summer. You will meet the minimum nine-month degree duration criteria.
  • Since fall intake begins the academic year, you will also get time to explore extra-curricular activities.
  • The class size is more significant during Fall intake than in the spring and summer, meaning you are more likely to be accepted into an American University.
  • Fall enrollment typically offers more acceptances at American universities, potentially increasing your chances of admission compared to spring or summer terms. So the fall intake is your best option for pursuing your studies abroad.

STEP 1: Start your application procedure as early as possible.
Keep these things in mind.

  • Start early. By August, you should shortlist 8 to 12 universities you wish to apply to, along with their application requirements, due dates, etc., from their websites.
  • Look for scholarships and bank loan options to aid your education by September.
  • To start your preparation, consider accessing admission guides from university websites, which are usually made available about a year before the intended enrollment period.
  • You should also perform some early research on various accommodation options.

STEP 2: Now that you have noted the essentials, it's time to appear for the standardized exams.

Here are some helpful tips for this step: 

  • Begin preparing for standardized exams such as GMAT, GRE, SAT, TOEFL, or IELTS, depending upon the degree and university.
  • Enrolling for the GRE or GMAT by June or July or three months before the test date would be the best option.
  • We advise you to register at least a month before the test date for English language competency tests such as IELTS or TOEFL.
  • Sit for the required exams around September, and please plan for an intermediary time if you need to retake the tests.

STEP 3: : Apply to the colleges and universities on your list. The application time is between August to April.

Here's what you should consider: 

  • You need to prepare well for your application. It's crucial to include your strengths and self-appraisal in your letter honestly.
  • You must contact your professors and direct managers to get at least 2 to 3 reference letters a month before your application due date.
  • The next part is to draft your Statements of Purpose (SOPs) and essays. We advise you to give it a month to structure these documents properly.
  • Apply way before the due date or deadline.

STEP 4: If selected, you will get acceptance letters and interview details via email from March to April. 

Here are a few things to consider: 

  • Avoid unnecessary delays in replying to college emails. Also, please note that you will get a few emails, so respond to all of them appropriately.
  • You may need to appear for video or personal interviews, usually scheduled around January to March.
  • Once you receive acceptance letters, make your choice as soon as possible.
  • To confirm your seat or spot at the university, you have to pay a non-refundable deposit.

STEP 5: The next step is to apply for a Student Visa and education loan between May and June. 

Here are some tips for your benefit: 

  • You can search for and apply for external scholarships (if required). You will not need it in most cases, as American universities provide many scholarships. You will indeed be eligible for one of them in your institution.
  • You can apply for a student loan after receiving your acceptance letter to aid your education further.
  • Gather all the documents and apply for the U.S. Student Visa as early as possible because it takes time to process your application.

STEP 6: Book your flight tickets and fly between July and August. 

Here's what you need to plan to avoid a rush: 

  • Book airline tickets.
  • It is essential to get an international debit or credit card.
  • Gather all the documents and photocopies you need to take to the U.S.
  • Check out a pre-departure checklist and ensure you are ready to go to America.

STEP 7: Arrive in the U.S.

Fall intake is optimal for U.S. university applications due to greater course options and funding availability.

GRE optional for most Fall U.S. university applications; Yet some university requires. But in can be waived by securing scholarships.

Universities require 2-3 LORs: high school teachers for undergrad applications, college professors for Master's/PhD programs. LORs provide crucial academic insights from educators familiar with the applicant.

The processing time for an I-20 form typically takes four to five weeks after the university receives all required documents, although this duration may vary depending on the specific institution.

●  Resume/Curriculum Vitae.
●  Transcripts and certificates.
●  Passport Copy
●  High school diploma or equivalent.
●  Letters of Recommendation.
●  Entrance Exam Scorecards—SAT/ ACT.
●  English Language Proficiency Test Scores.
●  Statement of Purpose.
●  Bank Solvency and Statement (Last 6 months)

Requirement of English Proficiency?

In general, a 6.5 IELTS score is required for postgraduate studies, though some courses may have different English proficiency requirements.

Not Mandatory, Students and also provide other English Proficiency Test Scores

IELTS is not mandatory to obtain a student visa.

For undergraduate admissions, SAT and ACT scores are required, whereas graduate-level courses typically require GMAT, GRE, or MCAT scores, depending on the program.

A high IELTS score can certainly help students getting a partial/full scholarship.

 

Individuals who hold an International Baccalaureate degree or have previously studied English may be eligible to apply for a U.S. study visa without taking the IELTS exam.

Yes, you can use Duolingo scores for university admissions. While most universities require high scores of 120 or above, some major U.S. institutions consider students who have scored at least 90 on the Duolingo English Test, which is generally the minimum acceptable score.

University and Tuition Fees

Even if you have set a clear goal to attend a particular university, it is always best and wise to apply to at least three institutions, potentially in different states.

The average annual tuition fee for undergraduate programs ranges from $8,000 to $20,000.

You have to open a student file with a bank.

International Wire Transfer - The tuition fees are directly sent to the university's account from the bank if the student has taken an education loan; otherwise, students can directly deposit the tuition fees into the wire transfer account of the university from their personal account, if they are self-funding for their studies.

Forex Card - Students can use a Forex card to make payment of tuition fees; however, the processing fees and exchange rates may vary.

There are two types of costs you need to consider. CoA (Cost of Attendance) includes tuition fees and other charges such as books and equipment. Living costs include accommodation, food, laundry, bills, and socializing.

Living Cost and Health Insurance

The estimated living cost for an international student in the U.S. is around $10,000 to $18,000 annually, which averages around $1,000 to $1,500 per month. This includes accommodation costs, food, travel, textbooks, weather-appropriate clothing, and entertainment expenses.

Living off-campus can be cheaper than university housing. Private apartments are usually quieter, have fewer distractions, and are therefore better for studying. Besides, you can have more freedom, privacy, and space. Having a rental history will make getting a place easier after graduation.

Part-time Job Facilities

Your U.S. student visa allows you to work on-campus for up to 20 hours per week during school and full-time during school break periods (up to 40 hours per week). 

F-1 students may not work off-campus during the first academic year but may accept on-campus employment under certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT)

Yes, for sure. You can take up part-time jobs while studying in the U.S. and try to save as much as you can, and if everything goes well and you can save a large amount of money, you will be able to pay your next semester or next year's fees by yourself.

  • Teaching Assistant.
  • Library Assistant.
  • Campus Ambassador.
  • Research Study Assistant.
  • Peer Mentor.
  • Preparing or serving food in the campus cafeteria
  • Maintaining computer labs
  • Working in a fitness center, and more.
Visa Interview

Application fee – Based on University’s Requirement

Visa/Embassy Fee - $185 (Non-refundable)

SEVIS Fee - $350 (Non-refundable)

Visa interview questions may vary from person to person. Below are some common questions that the visa officer may ask.

 

  • How many universities did you apply to?
  • Why did you choose X university?
  • Why did you choose this program?
  • Who is your sponsor?
  • Do you have a travel history?
  • What is your plan after completing your degree?

Yes, you can reapply. However, in case of 221(g) refusals, you must submit a new visa application and pay the visa application fee again to restart the process.

  • Not following the visa rules
  • Incomplete/insufficient travel itinerary
  • An insufficient explanation for the purpose
  • Travel document discrepancies
  • Delayed application
  • Insufficient funds
  • Incomplete application form
  • Information mismatch
  • Criminal record
  • Poor visa interview
  • Insufficient ties with the home country
  • Fake documents
  • Documents in regional language
  • Ineligible sponsor
  • Invalid travel insurance
  • Unfavorable previous travel history

Travel history is not an essential or required document/condition for obtaining a visa, but having a good travel history can increase your chance of visa approval.

  • A printed copy of your appointment letter
  • Your DS-160 confirmation page, 
  • One photograph taken within the last six months 
  • Your current and all old passports.
  • Bank statement for the U.S. visa. It is required as proof of sufficient funds.

A parent may accompany their child to the interview if their child is below 18. 

After Reaching The USA

At most colleges, you have to take 15 credits or five classes for undergraduate programs. However, it can vary from school to school.

Yes you can change universities after completing one semester

An F-1 student can transfer to another school or program of study.

Yes, international students can stay in the United States after graduation to experience the job market. All majors are eligible to receive one year of Optional Practical Training (OPT), in which they can work for one year with a work permit. Students with STEM degrees are eligible for three years on OPT.

OPT (Optional Practical Training) offers international students the opportunity to gain valuable work experience in their field of study for up to 12 months after graduation, with STEM graduates eligible for an additional 24-month extension

CPT (Curricular Practical Training) enables international students to engage in work experiences related to their field of study while still enrolled in their academic programs.

Start early. Consider your job search while you are still in college

  1. Focus on your job search
  2. Write a strong resume
  3. Create a professional online presence
  4. Use your college as a resource
  5. Keep learning
  6. Network

Get an internship

Visa Document Preparation, Financial and Others

You must show one year of tuition fees and living costs.

It is safe to show bank statements for the last six months.

Sponsorship

Only one of your first-degree relatives can be your sponsor. First-degree relatives include parents, siblings, and children.

Blood relatives are also allowed to be your sponsor. Please mention in the DS-160 form how they are related to you.

The closer the relationship, i.e., parents, siblings, spouse, etc., the more likely you will get a visa.

Financial documents/proof of funding Include:

  • Personal funds: Bank statements in your name showing the account balance.
  • Loan certificates/letters (must indicate your name and the approved loan amount.
  • Private sponsors, including parents (must show both of the following): Sponsor's bank or other financial statements.
Scholarship/Financial Aid

World-class universities and colleges in the U.S. provide partial scholarships for international students as financial support for their studies. Scholarships are given only to students who have excelled in their studies.

There are thousands of scholarships available to students each year, awarded based on several factors such as academic performance, athletic ability, artistic talents, volunteering in an organization, unique background, and much more. 

Question Regarding Spouse/Dependent

F-1 and M-1 students are eligible to bring their spouses and children who are unmarried and under 21. They will enter the U.S. with an F-2 visa.

U.S. visa regulations do not allow F-2 dependents to work in the United States. J-2 dependents are allowed to work in the U.S. with proper authorization. 

Pre-departure

To maximize your luggage space and stay within weight limits, pack strategically. Avoid filling your bags with items that are easily obtainable in the United States.

Regarding Our Package & Service Fee

We Charge $1000 for Both Undergraduate and Masters Applicants.

H-1B

H-1B is an employment-based, employer-sponsored nonimmigrant status that allows a non-citizen immigrant to work within the United States for up to six years who lives within or outside of the USA. The six-year period can be extended incrementally if the employee has an approved I-140. There are different categories of H-1B; Regular Cap, H-1B Masters Cap, and H-1B Cap Exempt. To apply for the H-1B visa, you must have an employer willing to sponsor your petition. It is also known as 'H-1B specialty occupation', meaning you must have the educational background and/or specialized knowledge and skills in the related field to qualify for the position.

You must have at least a Bachelorette Degree to be eligible for applying for an H-1B visa. The degree can be outside of the USA, such as an accredited degree from anywhere in the world that will qualify for the position. However, an advanced degree (Master's or Ph.D.) may be necessary, depending on the position you are applying for.

The answer is No. Your community college degree is not complete until you complete your associate degree from an associated university. So, technically it will not qualify for the position.

A broad range of professional occupations qualifies for H-1B status. Generally, professional-level occupations and academic in engineering, biological, physical, social sciences, mathematics, and business administration will be eligible for H-1B.

H-1B status is available to a person who has been offered a temporary professional position by a U.S. employer. A bachelor's degree or higher in a related area is the minimum educational level required for a position to qualify for H-1B status, and the H-1B employee must have the degree (or higher) normally required for such position.

Not necessarily. The job itself must require a bachelor's degree or higher in a specialized field. Or your employment experiences in the related field can be an asset too. You must then have (speciality occupation related) degree to qualify for H-1B status.

The first step is getting a job offer from a US-based company. The second step is to apply for the H-1B registration or lottery. The third step follows only if you get selected in the H-1B Registration process. After getting selected, employer needs to apply for the H1B petition.
There are two steps in the H-1B petition:
i) Application for the Labor Condition Application, and
ii) application for I-129.

Each year, USCIS announces the dates for H1B registration, usually opening the registration window in March for about two weeks, though this period can be extended at USCIS's discretion. While there's no set date, the H-1B lottery registration typically begins in the first week of March. For the most accurate and up-to-date information, it's best to keep an eye on the USCIS website.

If you're selected in the lottery, you'll have three months, from April 1 to June 30, to submit your petition. During this time, you'll also need to get a certified Labor Condition Application (LCA), which is necessary for the H1B petition. The LCA process generally takes 5-7 business days.

After submitting your complete petition, USCIS usually takes about 4 to 6 months to approve it, though premium processing can speed this up to 15 working days. So, the entire process typically spans from March 1 to October 1.

The H-1B visa process involves certain Government Filing fees set by USCIS, which can change from time to time. If you decide to hire an attorney, their fees will vary depending on the attorney.

Employers are required by law to cover the primary costs associated with the H-1B petition process. For cap-based H-1B processing, there's a $215 registration fee for the H-1B lottery. If selected, the fees for filing an H-1B petition depend on the size of the employer's business.

  • For employers with fewer than 25 employees:
    • I-129 filing fee: $460
    • Fraud Detection and Prevention fee: $500
    • Asylum Program fee: $300
    • American Competitiveness and Workforce Improvement Act (ACWIA) fee: $750
  • For employers with 25 or more employees:
    • I-129 filing fee: $780 (for paper filing) / $730 (for online filing)
    • Fraud Detection and Prevention fee: $500
    • Asylum Program fee: $600
    • American Competitiveness and Workforce Improvement Act (ACWIA) fee: $1500
  • Cap-exempt entities do not have to pay the Asylum Program fee or the ACWIA fee.


If you want a prompt response from USCIS, you may opt for premium processing by paying $2805 USD for Form I-907 which will enable you to get a response from USCIS within 15 days.

To get the most accurate fee information, please check the USCIS website. Additionally, you will need to cover any attorney fees if you choose to hire one.

Yes, there are certain wage levels determined by the Department of Labor (DOL) for every ZIP code area in the U.S. It depends on your place of employment. So, the employer hiring an H-1B worker must have documentation to prove and then must certify to the U.S. Department of Labor (DOL) that it will pay the H-1B employee the prevailing wage or the actual wage, whichever is higher. The prevailing wage is determined by the DOL for every wage level that your employer is willing to hire you. The rule is that your employer must pay you either the same as the prevailing wage or higher, but it can never be less. The employer makes these declarations, under penalty of perjury, by submitting to DOL for certification a form called a "Labor Condition Application" (LCA).

FY 2025 timeline:

March 6: H-1B registration period opens at noon (12 PM) EST.

March 25: Initial closing date was 22nd March 2024. However, USCIS extended the deadline by three days to March 25th, 2024, to account for the outages and issues faced by employers.

March 26 -March 31: Date by which USCIS announced the lottery selection results.

April 1: The earliest date that FY H-1B cap-subject petitions may be filed.

June 30: The last date to submit your final H-1B, I-129 petition.

A certified Labor Condition Application (LCA) from DOL, supporting documents to prove that they can bear the wage of the employee, i.e., annual reports, financial statements, marketing documents of the company, and Form I-129, and G-28,  signed by the authorized signatory of the employer.

Yes, you can. In that case, the employer must file Form I-907 along with I-129, G-28, and G-1145. The I-907 premium processing fee is $2805 for the FY 2023-2024. It may vary every year. For the update, please follow the USCIS website.

The H-1B cap is the annual limit set by the U.S. Congress on the number of new H-1B visas issued, which includes 65,000 visas under the regular cap and an additional 20,000 for applicants with a U.S. master's degree or higher.

Universities and related nonprofit entities, nonprofit research organizations, and government research organizations are exempt from the cap. These employers are able to submit an H-1B application to the USCIS at any time during the year without concern for the fiscal year limit. They do not need H1B registration selection. However, a person who works for an H-1B cap-exempt employer who changes jobs to an employer that is not exempt may become subject to the H-1B cap and have to go through the H1B registration process to change the employer who does not qualify under the Cap exempt rules.

Yes, an employer can apply for the H-1B on your behalf while you are residing outside of the U.S. Once you get an approved I-129, you can apply for the H-1B visa stamp at a U.S. Embassy/Consulate in your residing country and enter the U.S. in that status.

Yes, you can. However, there is a fine line. H-1B is an employer-specific status. It permits an H-1B status holder to work only for the employer that filed the petition. If you decide to change employers, the new employer must apply for the H-1B on your behalf. This is called H1B Transfer. Your employer must have a certified LCA and file the I-129, G-28, and G-1145 like a new petition.

 

The H-1B is also position-specific. Therefore, if your H-1 B employer wishes to significantly change your job duties or other conditions of employment after securing approval of your H-1B petition, the employer must submit an amended petition to the USCIS. In both of these cases, under certain conditions, you MAY be eligible to be paid in the new position after the employer has received the USCIS receipt notice for the H-1B petition (this is called "H-1B portability").

From leaving your current employer to joining a future job, you have a 60 days time period, which is known as the "Grace period." The 60 days time period timer begins the day you leave your current job. The new application must be received by the USCIS within this grace period.

No, you can start working any day within these 60 days grace period (after a petition is properly filed to and received by the USCIS). Therefore, you do not need an approved H-1B transfer to get paid. Your employer can issue your paycheck from the date of Form I-129 receipt notice from the USCIS.

No, you may be eligible for other types of nonimmigrant (temporary) status that would allow you to work in the United States, such L-1, O-1, E-2, R-1 etc. An immigration attorney can advise you about the eligibility requirements for these immigration categories.

From the registration to the approval of Form I-129, H-1B is a very complicated and delicate process. You may apply for the registration by yourself/company, but you must need an attorney to guide you while applying for the H-1B petition. An attorney can help you, and the employer presents the best case for approval of the H-1B status application to the USCIS. However, an attorney cannot guarantee the success of an H-1B application, nor can an attorney obtain an H-1B for an unqualified person. In many cases, an attorney may be able to determine in advance whether or not your position and credentials would qualify for an H-1B.

Dependents of H-1B status holders (legal spouse and children under age 21) can apply for H-4 status. H-4 status holders are allowed to study full-time or part-time in the United States without the need for additional permits. To work, H-4 dependent needs to obtain an Employment Authorization Document (EAD) depends on some certain condition. For more information, please visit the USCIS website.

Asylum

Generally, an asylum seeker is someone who has fled their home in search of safety and protection in another country. Because he or she cannot obtain protection in their home country, they seek it elsewhere. Asylum seekers may be of any age, gender, socio-economic status, or nationality—though the majority come from regions of the world that are suffering from conflict, disaster, and weak rule of law. If you apply for asylum in the US, then you are an asylum seeker. On the other hand, “asylee” is the term used in the U.S. for people who have been granted asylum. Under U.S. immigration law, a person granted asylum is legally allowed to remain in the country without fear of deportation. They qualify to work, travel abroad, and apply for their spouse or unmarried children under the age of 21 to join them.

Yes, seeking asylum is legal—even during a pandemic. Asylum seekers must be in the U.S. or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum.

During the COVID-19 pandemic, epidemiologists and other public health experts have made clear that asylum seekers and their children can be safely processed at the border using public health measures.

In the affirmative asylum or defensive asylum processes, to apply for asylum, you must complete a Form I-589, Application for Asylum and for Withholding of Removal. There are six grounds for Application for Asylum and for Withholding of Removal:

1. race,
2. religion,
3. nationality,
4. membership in a particular social group,
5. or political opinion
6. torture convention

Asylum is granted to people who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. One can obtain asylum if he is in the United States legally or illegally; or refugee status if outside of the United States.

The USCIS aims to make a decision on your asylum application within 180 days. During this time, you will be required to have your fingerprints taken and attend an interview at one of the eight asylum offices.

Asylum seekers do not automatically have the right to work. You may apply for a work permit, or “Employment Authorization Document,” (EAD) 150 days after you have applied for asylum.

If approved, you will be eligible to receive your work permit 180 days after you have applied for asylum. If you are given a “recommended approval for a grant of asylum” before the 150 days, you can apply for a work permit immediately.

150-day waiting period to file: A person can start the EAD application process after 150 days have passed since filing their asylum application.

180-day eligibility period: The EAD can only be approved after 180 days have passed since the asylum application was filed.

Asylum seekers can apply for a SSN. Usually an asylum seeker applies for SSN while applying for the EAD.

Asylees are eligible to apply for certain benefits, including an Employment Authorization Document (EAD), an unrestricted Social Security card, cash and medical assistance, employment assistance, and a Refugee Travel Document.

You will have asylee status. You will receive an I-94 Arrival and Departure record documenting that you are able to remain indefinitely in the United States as an asylee. You will be authorized to work in the United States for as long as you remain in asylee status. You may obtain a photo-identity document from USCIS evidencing your employment authorization by applying for an Employment Authorization Document (EAD). You will also be able to request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the asylum application, as long as your asylum application was pending on or after Aug. 6, 2002) who was not included as a dependent in your asylum decision and with whom you have a qualifying relationship. This means that you will be able to petition to bring your spouse and/or children to the United States or allow them to remain in the United States indefinitely incident to your asylee status.

This means that the asylum officer was unable to approve your asylum application and you are not currently in valid status. You will receive charging documents that place you in removal proceedings in Immigration Court. Your asylum application will be referred to the Immigration Court for an Immigration Judge to decide during the removal proceedings.

In most cases, you will return to the asylum office where your interview was held two weeks after the interview to pick up your decision. However, there may be longer processing times if you were interviewed at a district office, are currently in valid status, or if your case will be reviewed by Asylum Division Headquarters staff. You will generally receive the decision by mail if any of these circumstances occur.

Yes. Your spouse and unmarried children under 21 years of age may be able to obtain derivative asylum status. You may ask to have them included in your asylum decision if they are in the United States; or if you are granted asylum, you can petition to bring them to the US. (This must be done within 2 years of you being granted asylum).

You may apply for asylum with USCIS as a minor if you:

  • Are under 18 years old;
  • Want to have your own case separate from your parents;
  • Are not in immigration court proceedings.

You may apply for asylum with USCIS as an unaccompanied child, even if you are in immigration court proceedings if you:

  • Are under 18 years old;
  • Have no lawful immigration status in the United States; and
  • Have no parent or legal guardian in the United States available to provide care and physical custody

Asylum officers will consider your asylum claim if you filed your application with an asylum office and you meet the criteria above. If you are in immigration court proceedings, you must attend your immigration court hearings and should follow the Immigration Judge’s instructions, even if you have filed for asylum with an asylum office.

 

In the U.S., every child, regardless of their immigration status, has the right to a free public education kindergarten through grade 12. If you are the parent or guardian of a child under the age of 18, by law you are required to send your child to school. Some states require school attendance only through age 16. Visit your state’s Board of Education website for more information.

Each state makes its own rules as to whether asylum seekers are allowed to get state IDs. If you are eligible to apply for a state ID, call your local Department of Motor Vehicles (DMV) office to know what documents you will need to bring. Depending on your state, you may also be allowed to get a driver’s license.

Asylum can only be filed if you are currently in the United States and preferably within one year of your entry into the U.S. If you require assistance from overseas, you would need to file for refugee status through a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee.

You may still file your application after one year of coming to the U.S. and qualify for an exception to the one-year deadline if you can prove that you were unable to file within the one year because of exceptional circumstances (changed or extraordinary circumstances). If the individual establishes that it is more likely than not that his life or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion, that person may be eligible for withholding of removal or deferral of removal. Individuals who satisfy the torture requirement may be eligible for withholding of removal or deferral of removal under the Convention Against Torture.

Yes. You may apply for asylum with USCIS regardless of your immigration status if:

  • You are not currently in removal proceedings
  • You file an asylum application within 1 year of arriving in the United States or demonstrate that you are within an exception to that rule.

Yes, but you may be barred from being granted asylum depending on the crime. You must disclose any criminal history on your Form I-589, Application for Asylum and for Withholding of Removal, and at your asylum interview. If you do not disclose such information, your asylum claim will be referred to the immigration court and may result in fines or imprisonment for committing perjury.

After receiving an asylum application, USCIS will send a notice to the applicant to go to a USCIS Application Support Center (ASC) for fingerprinting. The applicant is exempt from the fingerprinting fee and does not need to submit a fingerprint card. The applicant’s spouse and children will also need to be fingerprinted. A person may qualify for a waiver of the fingerprint requirement if they are unable to provide fingerprints due to a medical condition, including but not limited to disabilities, birth defects, physical deformities, skin conditions, and psychiatric conditions.

Your child will continue to be eligible as a dependent on your asylum application if they turned 21 after you filed your application and while it remains pending.

There is no fee to apply for asylum.

A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances. However, the processing time may vary significantly depending on several factors, including the individual circumstances of each case, the workload of the USCIS office handling the application, and ongoing policy changes.

You have a right to bring a lawyer or representative to your asylum interview and to immigration proceedings before an immigration court.

Asylum Office Interviews: You must bring an interpreter if you do not speak English fluently. The interpreter must be fluent in both English and a language you speak and must be at least 18 years old.
USCIS does not provide any interpreters during the asylum interview. The following people cannot serve as your interpreter:

  • Your attorney or representative of record,
  •  A witness testifying on your behalf at the interview,
  • A representative or employee of your country.

Immigration Court Hearings: If the asylum case goes to immigration court, the court will provide an interpreter for the applicant.

If you have a document that is not in English, you are required to provide a certified translation of the document in English.

Generally, it's strongly discouraged to travel outside the United States while your asylum application is pending. Leaving the country could be interpreted as abandoning your application, which could lead to its denial. If you must travel, you can apply for Advance Parole that allows you to re-enter the United States after a trip abroad. Advance parole does not guarantee that you will be allowed to reenter the United States.

To obtain advance parole, you must file Form I-131, Application for Travel Document.

Yes, asylum-related information may not be shared with third parties without the asylum applicant’s written consent or the Secretary of Homeland Security’s specific authorization.

A child can file their own asylum application, separate from their parents or guardians. Children who arrive in the U.S. without a parent or legal guardian have specific protections and procedures in place. For more information on children applying for asylum, see the Asylum Procedures for Minor Children page from the USCIS website.

Yes. If you fail to attend your Immigration Court hearing, the Judge may order you removed from the United States.  At your hearing, you can ask the Judge for more time to find a lawyer.

If you are granted asylum, you may apply for a green card (also known as lawful permanent residence) one year after the date upon which you were granted final asylum status. Generally, a green card holder can apply for U.S. citizenship after 5 years of continuous permanent residence.  Since asylees’ green cards are backdated one year, they can apply to naturalize four years after obtaining permanent residence.

Client Testimonials

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