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Immigration Guideline

US Immediate Relative Visas- Intercountry Adoption of Orphan Children by U.S. Citizens (IR3/ IH3, IR4/IH4, IR2/CR2, IR5)

US Immediate Relative Visas- Intercountry Adoption of Orphan Children by U.S. Citizens (IR3/ IH3, IR4/IH4, IR2/CR2, IR5) – Part: 1

Introduction The immediate relative visas are designed for US citizens seeking to reunite with family members living abroad, specifically for spouses, children, and parents. These visas grant the family member a Green Card, allowing them to permanently move to the US, work, and enroll in school without requiring an Employment Authorization Document (EAD). Notably, immediate relative visas have the advantage of not being subject to an annual quota. There are various types within this category, catering to different family relationships. The types of immediate relative visas are: IR1 visa for the spouse of a US citizen; CR2/IR2 visa for the unmarried children under 21 years old of a US citizen; IH3/IR3 visa for children adopted abroad by a US citizen; IH4/IR4 visa for children adopted within the US by a US citizen; IR5 visa for parents of a US citizen who is at least 21 years old. CR2/IR2 visa The CR2/IR2 visa is for Unmarried Children under 21 Years of Age of a U.S. Citizen who wish to enter and remain in the U.S. permanently with their U.S. citizen parent. This visa is valid for qualifying biological children, step-children, and adopted children. The CR-2 category applies specifically to someone whose parents have recently married, and allows the foreign child to obtain a Conditional Resident card. The IR-2 category applies after the parents’ two years of marriage when the foreign child will then be considered an immediate relative and will be granted a Permanent Resident Card. CR2/IR2 visa requirements The requirements are: The US citizen must have a valid birth or adoption certificate for their child; The US citizen must have a valid US address; The US citizen must be able to financially support the child; The child must be under 21 years old and unmarried. If the US citizens have already adopted the child, they must have been living with the child in a foreign country for at least 2 years to qualify for this visa. IR-3/IH-3 Visas The IR-3 Visa is available to adopted children of U.S. citizens who were adopted in the child’s home country. This Immediate Relative visa enables the adopted child to live in the United States as a Green Card holder.As an IR-3 visa holder, the child will be able to live in the U.S. and attend school. They will also be able to enter into higher education and obtain employment. The requirements are: The child must be eligible for adoption under the US Immigration and Nationality Act (INA); The child must be under 21 years old and unmarried; The child must be from a Hague or Non-Hague Convention Country; The US citizen parent must pass an eligibility test by USCIS; The US citizen must plan to bring the child to live in the US; The US citizen must have a valid US address. IR-3 Visas: The U.S. embassy or consulate will generally issue an IR-3 immigrant visa after Form I-600 approval if: At least one of the adoptive parents personally saw and observed the

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Key Components of a Strong Asylum Case - Insights from An Attorney

Key Components of a Strong Asylum Case in the USA: Insights from a US Attorney

Asylum in the United States is a form of protection granted to individuals who have fled their home countries and meet the definition of a refugee but are already present in the United States. To apply for asylum, an individual must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. As of the recent immigration laws in the United States, here are key components of a strong asylum case in the United States based on insights from an attorney:  Well-Founded Fear of Persecution: Establishing a well-founded fear of persecution is fundamental. This fear must be based on race, religion, nationality, membership in a particular social group, or political opinion.  Personal Testimony: The applicant’s personal testimony is critical. It should be detailed, consistent, and compelling. Attorneys often work closely with clients to help them articulate their experiences effectively. Corroborating Evidence: Supporting the applicant’s testimony with objective evidence strengthens the case.  This can include affidavits from witnesses, medical records, news articles, or other relevant documents.  Country Conditions Documentation: Providing country conditions documentation to demonstrate the general conditions and specific risks in the applicant’s home country is crucial. This may involve human rights reports, news articles, or expert opinions on the conditions in the country of origin.  Legal Representation:  Having an experienced immigration attorney like Attorney Raju Mahajan and  Associates is highly recommended. The attorney can guide the applicant through the complex asylum process, help gather necessary evidence, and ensure that all forms are completed accurately and submitted on time. Affidavits and Expert Testimony: Affidavits from experts or individuals with relevant knowledge can add credibility to the case. Expert witnesses, such as country conditions experts or psychologists,  may provide testimony to support the applicant’s claims. Consistency in Statements: Consistency in the applicant’s statements is crucial. Any inconsistencies in the narrative can be used to challenge the credibility of the asylum claim. Affirmative Asylum Application Filing Deadline:  It’s important to file the affirmative asylum application within one year of arriving in the United States, unless there are changed circumstances or extraordinary circumstances that justify a delay. Work Authorization: Asylum applicants can apply for work authorization 150 days after filing their asylum application. Having the ability to work legally in the U.S. can be important for sustaining oneself during the asylum process. Appeal Process Awareness:  Understanding the appeals process is crucial in case the initial application is denied.  This includes being aware of the deadlines and requirements for filing an appeal. Continued Legal Support: Asylum cases can be lengthy and complex. Having ongoing legal support through all stages of the process, including any appeals, is important for a comprehensive and well-prepared case. Remember, immigration laws and policies can change, so it’s essential to consult with a qualified immigration attorney like Attorney Raju Mahajan and Associates for the most up-to-date and relevant advice based on the current legal landscape. Winning an asylum case in the United States is a complex process that involves thorough preparation,

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L-1 Visa – Intra-company Transfer (Part-2)

Read part one here Application Process  The L1 visa process is quite different from the H-1B visa application process. Whereas H-1B visa applicants need to go through the US Labor Department, have prevailing wage certifications, and prove that no available US workers can fulfill the job position, L1 visa applicants do not need these. Read more on the differences between L1 and H1b visas. So to apply for the L1 visa, you will need to go through the following steps: Getting a transfer offer: The applicant must receive an intracompany transfer offer from their employer for a managerial, executive, or specialized knowledge position in the US. Filing Form I-129: Employers are responsible for filing either an individual or blanket petition (based on eligibility) with the US Citizenship and Immigration Services (USCIS). For individual petitions, the employer must submit Form I-129 along with the L Supplement. In the case of L1 Blanket Petitions, the employer files Form I-129S. Completing Form DS-160: The applicant needs to complete Form DS-160 online to provide information regarding their intent to travel to the US. Paying the L1 visa application fee: The applicant must pay the $205 L1 visa application fee and any additional fees based on their home country or reciprocity measures. Scheduling the L1 visa interview: Applicants between the ages of 13 and 79 need to schedule an interview at the US Embassy. Submitting L1 visa documents: The applicant is required to gather the necessary documents for their application, including a valid passport, photograph, DS-160 confirmation page, fee receipts, visa interview appointment letter, and other specific documents depending on whether they have individual or blanket petitions. Attending the interview: The applicant should attend an interview at the US Embassy, during which officials will ask questions to assess their eligibility and intentions. L-1A Visa Interview Questions: Interview questions focus on the applicant’s job position, managerial or executive role, and eligibility for the L-1A visa. L-1B Visa Interview Questions: Questions during the interview pertain to the applicant’s specialized knowledge, the importance of their knowledge to the company, and their place of work. Following a successful interview, the applicant will wait for visa processing and, if approved, send their passport for stamping. Visa Processing Time The L1 visa does not take too long to process. Individual petitions however, take a bit longer than blanket petitions, but the reduction in time is very small. In general, an L1 visa is processed for around 3 to 4 months from the time the application was submitted. Since there is an option for premium processing, employers who pay it can get the answer to whether their petition is approved or denied in 1 to 3 weeks. Visa Validity When an employer files Form I-129, they also determine the length of the contract, which subsequently dictates the duration an individual can work in the US upon L1 visa approval. The specified time frame is also indicated on the Form I-94 issued upon entry to the US. There exists a maximum allowable duration

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Public Relations Officer: A Specialized Role Driving Success in Immigration Law Firms

Immigration law firms have become a place where individuals turn for guidance on the legal processes involved in moving to a new country. A law firm’s success depends on its legal skills and how well it communicates with clients, the public, and other important groups. Immigration is a sensitive and often political issue, and law firms need to manage these challenges while maintaining a strong and trustworthy image. This is where the role of a Public Relations Officer (PRO) or similar type of position becomes essential. The Public Relations Officer (PRO) plays a key role in building and protecting the law firm’s reputation. They ensure that the firm’s services are communicated clearly to the public. Furthermore, the PRO helps the firm stay connected with clients, communities, and the media in an appropriate and effective way. A PR Officer’s Key Role in Immigration Law Public Relations Officer has a specialized role in any field, but in immigration law, it needs a unique set of skills. Immigration law is complex and often involves personal, emotional cases, like asylum seekers, visa issues, or deportation. A Public Relations Officer (PRO) in an immigration law firm must not only be good at communication but also have some understanding of immigration law. This makes the role different from PR roles in other industries, where the challenges may not be as personal or serious. The PRO must know how to share legal information in a way that is clear, respectful, and sensitive to clients’ needs. Immigration cases often involve serious, life-changing situations. The way a law firm communicates can greatly impact how clients feel about the firm. The PRO helps clients feel reassured and confident that the firm is handling their case with care. In addition to working with clients, the PRO also manages relationships with the media, government agencies, and community groups. These connections are important in shaping how the public views the law firm, which can directly impact on the firm’s ability to attract and retain clients. In immigration law, a strong reputation within the community is especially important, as many firms rely on referrals and positive feedback. Why Immigration Law Firms Need a PR Officer Immigration law firms handle sensitive and often high-profile cases, making it essential to manage their public image carefully. A Public Relations Officer (PRO) plays a key role in ensuring that the firm communicates effectively with clients, the public, and the media. Below are the main responsibilities of a PR Officer in an immigration law firm: Developing PR Strategies: A PRO creates and carries out communication plans to promote the firm and its services. These strategies help build the firm’s brand, improve its reputation, and connect with the right audiences. In immigration law, this means making sure the firm’s message is clear, sensitive, and respectful of clients’ needs. Media Relations: A PR Officer handles all communication with the media. This includes sending out press releases, arranging interviews, and making sure the firm is represented well in the news. For immigration

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L-1 Visa – Intra-company Transfer (Part-1)

Introduction The L-1 Visa, also known as the Intra Company Transferee visa, serves as a non-immigrant option designed to facilitate the temporary relocation of foreign specialized employees to work at their company’s United States branch. This visa permits the holder to obtain legal recognition as an intra-company transferee, enabling foreign workers to lawfully transfer and work in one of the affiliated U.S.-based offices of their parent company. Once within the United States, these professional employees can seamlessly continue their employment within a U.S.-based branch or subsidiary of their parent organization.  It is important to note that the L-1 visa is not exclusive to specific types of companies or particular countries. It is open to all companies, encompassing large corporations, medium-sized enterprises, and small start-ups, as long as they maintain a related entity in the United States that warrants the transfer of their employees.   Eligible Person  The Intra-company Transfer Visa is only available to employees who hold an executive or managerial position within their company or who have specialized knowledge essential to the business’s operations.   Successful candidates must have worked outside the United States for the same employer for at least one year within the three-year timeframe before their application. In addition, they must have specialized knowledge about the company’s products, procedures, and methods.   There are two different L-1 Visa tiers: ·       L-1A for executive managers ·       L-1B for workers with specialized knowledge   This permit is not suitable for international workers who wish to enter the U.S. to attend conferences or participate in training. If this is your case, you must apply for a Business Visitor Visa.   Eligible candidates must be transferred to work for the same employer in the United States or to a parent, subsidiary, or affiliate company.   Requirements for Employers  In order for foreign companies to be eligible to apply for L-1 Visas on behalf of their employees, they must first qualify for L-1 classification by meeting the following requirements:   ü  The employer has a qualifying relationship with a foreign company (qualifying organizations are a parent company, branch, subsidiary, or affiliate) ü  The employer is currently or will be doing business in the United States and at least one other country as an employer. In addition, this business must be done either directly or through a qualifying organization for the duration of the L-1 visa recipient’s stay in the United States.   It should be noted that doing business, in this case, is defined as the regular, systematic, and continuous provision of goods and/or services by a qualifying organization.   Requirements for Employees  To qualify for the L-1 visa, employees must meet the following requirements: ü  Your company must guarantee as a sponsor for your application ü  Both your local company and your organization in the U.S. must be linked by a qualifying organization ü  The employee must have worked for their overseas company for a constant period of 12 months in the previous three years ü  You must be actively

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Navigating Hope: Understanding Temporary Protected Status (TPS)

Navigating Hope: Understanding Temporary Protected Status (TPS)

In the intricate web of U.S. immigration policies, Temporary Protected Status (TPS) stands out as a vital humanitarian program offering a lifeline to individuals facing extraordinary and temporary conditions in their home countries. This blog aims to shed light on the significance, eligibility criteria, and impact of TPS on the lives of those who find themselves seeking refuge in the United States. Understanding Temporary Protected Status (TPS) Temporary Protected Status, as the name implies, is a temporary immigration status granted to eligible nationals of designated countries experiencing severe, temporary crises such as armed conflict, environmental disasters, or other extraordinary conditions. TPS is not a pathway to permanent residency, but it provides a reprieve from deportation and allows individuals to work legally in the U.S. during the designated period. Key Features of TPS Designated Countries: TPS is only granted to nationals of countries designated by the U.S. government due to ongoing armed conflict, environmental disasters, or other exceptional circumstances that make returning unsafe. Eligibility Criteria: To qualify for TPS, individuals must meet specific eligibility criteria, including continuous residence in the U.S. and physical presence requirements. Criminal records may affect eligibility. Application Process: Applicants must submit the necessary forms and evidence to USCIS during the open registration period for their country. TPS designations are typically granted for 6 to 18 months, with the possibility of extensions. Work Authorization: TPS beneficiaries are eligible to obtain work authorization, allowing them to contribute to the U.S. workforce legally. No Path to Permanent Residency: While TPS provides essential relief, it does not lead to permanent residency. Individuals must seek alternative forms of relief or immigration pathways. Impact on Individuals and Communities TPS plays a crucial role in providing protection and stability to individuals facing dire circumstances in their home countries. It not only safeguards them from deportation but also allows them to contribute to the U.S. economy through legal employment. TPS beneficiaries often establish roots in their communities, contributing to the cultural and social fabric of the United States. Challenges and Advocacy Despite its significance, the TPS program faces challenges, including uncertainties related to renewals and potential terminations. Advocacy groups and communities affected by TPS terminations often rally for legislative solutions, seeking more permanent forms of relief for individuals facing protracted crises. Temporary Protected Status serves as a humanitarian beacon, offering refuge to those grappling with extraordinary conditions in their home countries. While it provides a crucial safety net, ongoing advocacy and awareness are essential to address the limitations of the program and work towards more comprehensive and lasting solutions for individuals seeking protection on U.S. soil.

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H-2A Visa vs H-2B Visa: Matching the Right Visa to the Right Worker

H-2A Visa vs H-2B Visa: Matching the Right Visa to the Right Worker

H-2A visas are for nonimmigrants who want to work in the agricultural sector in the United States for a limited time. The H-2B nonimmigrant visa program allows U.S. employers to temporarily hire nonimmigrants for nonagricultural jobs in the U.S. Both of these visas are designed to create employment opportunities in the U.S.A, but they have some key differences in job scope. H-2A Visa: Purpose: Intended for temporary agricultural workers needed for seasonal or temporary agricultural work. Occupations: Primarily used in the agricultural sector, including planting, cultivating, harvesting, and related activities. Employer Sponsorship: Employers must demonstrate a temporary need for additional workers and obtain a temporary labor certification from the U.S. Department of Labor (DOL). Annual Cap: There is no statutory cap on the number of H-2A visas issued. Duration: Initially granted for the period specified in the approved labor certification, typically for the duration of the agricultural season. Housing and Transportation: Employers are required to provide suitable housing for H-2A workers and transportation to and from the worksite. Path to Permanent Residency: The H-2A visa does not provide a direct path to permanent residency, and workers are expected to return to their home countries after the authorized period of employment. H-2B Visa: Purpose: Intended for temporary non-agricultural workers needed for seasonal, peak-load, intermittent, or one-time occurrences. Occupations: Commonly used in industries such as hospitality, landscaping, construction, and forestry. Employer Sponsorship: Employers must demonstrate a temporary need for additional workers and adhere to specific regulations. Annual Cap: There is a statutory cap on the total number of H-2B visas issued annually, divided into two halves for the first and second halves of the fiscal year. Duration: Initially granted for the period specified in the approved labor certification, generally up to 10 months. Path to Permanent Residency: The H-2B visa does not provide a direct path to permanent residency, and workers are expected to return to their home countries after the authorized period of employment. In summary, while both visas are for temporary workers, the H-2A visa is specific to agricultural work, while the H-2B visa covers a broader range of non-agricultural industries. The eligibility criteria, application process, and conditions for each visa type vary to suit the distinct needs of the sectors they serve.

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Crewmember Visa (D)

Crewmember Visa (D)

Crewmember (D) visas are nonimmigrant visas for persons working on board commercial sea vessels or international airlines in the United States, providing services required for normal operation and intending to depart the United States on the same vessel or any other vessel within 29 days. If you travel to the United States to join the vessel you will work on, in addition to a crewmember (D) visa, you also need a transit (C-1) visa or a combination C-1/D visa. Person eligible for D visa: • pilot or flight attendant on a commercial airplane• captain, engineer, or deckhand on a sea vessel• lifeguard, cook, waiter, beautician, or other service staff on a cruise ship• trainee on board a training vessel Person Not eligible for D visa: • Dry Dock: The primary services you will perform are dry dock repairs under warranty while the boat is docked at a U.S. port.• Fishing Vessel: You are a crewmember on a temporary basis on a fishing vessel that has a home port or operating base in the United States.• Coasting Officer: You are a replacement coasting officer employed when an officer of a foreign vessel is granted home leave, and the vessel does not remain in U.S. waters for more than 29 days.• Private yacht: You are a crewmember on a private yacht sailing out of a foreign port which will be cruising in U.S. waters for more than 29 days.• Outer Continental Shelf: You are a crewmember going to the Outer Continental Shelf. Required Documents: • Passport• Nonimmigrant Visa Application, Form DS-160 confirmation page.• Application fee payment receipt, if you are required to pay before your interview• Evidence of: 1. The purpose of your trip;2. Your intent to depart the United States after your trip; and/or3. Your ability to pay all costs of the trip. • Photo – You will upload your photo while completing the online Form DS-160. Application Procedure: There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Complete the Online Visa Application • Complete the online visa application Form DS-160• Print the application form confirmation page.• Photo –You will upload your photo while completing the online Form DS-160. Attend an Interview: Interviews are generally required for visa applicants with certain limited exceptions below.Consular officers may require an interview of any visa applicant. If you are age:          Then an interview is:13 and younger        Generally, not required14-79                           Required (some exceptions for renewals)80 and older              Generally, not required Fees:An Applicant for the Crewmember Visa (D) is required to pay $185

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SQ Visa- A Special Visa program for Iraqis Who Worked for/on Behalf of the U.S. Government

SQ Visa- A Special Visa program for Iraqis Who Worked for/on Behalf of the U.S. Government

IntroductionThe SQ Visa is a component of the Special Immigrant Visa (SIV) program designed for Afghan and Iraqi individuals who served on behalf of the United States government or the International Security Assistance Force (ISAF). It was first instituted in 2008 as part of the National Defense Authorization Act (NDAA), which granted the authority to issue visas to eligible candidates, known as principals.Section 1244 of the National Defense Authorization Act for Fiscal Year 2008 provided the authorization for the annual issuance of a maximum of 5,000 Special Immigrant Visas (SIVs) until the fiscal year (FY) 2013 for Iraqi nationals engaged in employment with or on behalf of the U.S. government in Iraq, contingent upon specific criteria. Subsequent legislative measures extended the program’s duration, initially until December 31, 2013, and later with further extensions, effective from January 1, 2014. Eligible PersonApplicants for this program must have met all of the following requirements: ✓ One must be a national of Iraq; and✓ He must have been employed by, or on behalf of, the U.S. government in Iraq on or after March 20, 2003 and prior to September 30, 2013, for a period of one year or more; and✓ He must have provided faithful and valuable service to the U.S. Government, which is documented in a letter of recommendation from his supervisor; and✓ One must have experienced or be experiencing an ongoing serious threat as a consequence of his employment by the U.S. government. SQ Visa FeesUnder this particular program, there is no immigrant visa application fee. However, the individual is required to pay all costs associated with the medical examination. Application ProcessAs of January 1, 2014, 2,500 visas may be issued to principal applicants under this program, and the program will end when all visas have been issued. The deadline to apply for Chief of Mission approval, the first step in the SIV application process, was September 30, 2014. Applications submitted after this date cannot be accepted or processed.Although applications are no longer possible for the Iraqi SIV program, one may be eligible for resettlement in the United States with the family under the U.S.  Refugee Admissions Program (USRAP). ✓ If the individual has previously received a Chief of Mission Approval letter, they may submit a petition to USCIS.✓ The petition submission should include a completed Form I-360 with an original signature, a copy of their national identification or passport (with certified English translation if not in English), a copy of the letter of recommendation previously sent for Chief of Mission Approval, a copy of the Chief of Mission approval, and, if currently in the United States, a copy of both sides of Form I-94, Arrival/Departure Record.✓ Once USCIS approves the petition, the case will be transferred to the Department of State’s National Visa Center (NVC) for pre-processing.✓ After receiving the NVC Welcome Letter, the individual and each qualified family member immigrating with them must complete Form DS-260, the Application for Immigrant Visa and Alien Registration.✓ The individual and their family members must

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Securing Green Card Through Marriage: Step-by-Step Guide

Securing Green Card Through Marriage: Step-by-Step Guide

Are you currently in a marriage with a US citizen or lawful permanent resident, or do you have plans to marry one in the near future? If this applies to you, it’s essential to understand that you may be eligible for a green card based on your marriage to a US citizen or lawful permanent resident. Within this guide, we will provide a comprehensive overview of the process for obtaining a US green card through marriage, including all the essential information you need to know. As the spouse of a US citizen or permanent resident, you are eligible to apply for your green card. The basic idea is that through a valid and legitimate marriage to a US citizen or permanent resident, you may qualify for a green card. To get a green card through marriage, your US citizen or US permanent resident spouse is required to file a Form I-130 on your behalf. Your spouse is the petitioner (person filing the petition) and you are the beneficiary (person benefitting from the petition). Having a green card allows you to live, work, travel in and out of the US, attend US schools, and eventually pursue US citizenship. However, obtaining a green card through marriage isn’t straightforward. It involves specific requirements and steps that must be followed meticulously. Failing to do so can lead to delays or, in the worst case, a denial of your case. The criteria for obtaining a green card through marriage differ slightly depending on whether you are marrying a US citizen or a US permanent resident. I’ll highlight these distinctions in this guide. There are multiple steps to getting your green card through marriage. Here’s a quick outline: Marry a US Citizen or Lawful Permanent Resident File Form I-130 Marriage Interview File for Adjustment of Status/Consular Processing Conditional Permanent Resident Status Removal of Condition to Become Unconditional Permanent Resident Naturalization (Optional) There are many documents that can be included with your petition for a green card through marriage. The documents that you include with your case will depend on your particular situation and the evidence that you have available based on your relationship. For example, if you’ve gone on vacation with your spouse, potential documents for you to include are pictures of you and your spouse together while on vacation. If you and your spouse have a child together, your child’s birth certificate should be included with your petition. All documents that are in a foreign language should be submitted along with a certified translation. Here is a general list of documents you should expect to provide for your green card through marriage case. This is a general list. Your immigration lawyer should review your case with you  and create a specific list of documents based on your particular case. Documentation from US Citizen or Lawful Permanent Resident Spouse Copy of Passport Copy of Form I-551 (Permanent Resident Card) Passport photos Income tax returns for last few years Proof that all prior marriages have been terminated

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A Historical Overview of the Diversity Visa (DV) Program in the USA

A Historical Overview of the Diversity Visa (DV) Program in the USA

The DV program, also known as the Green Card Lottery, was established in 1990 to promote diversity in the immigrant population. The DV program, introduced as part of the Immigration Act of 1990, is a unique initiative designed to diversify the immigrant population in the United States. The program was signed into law by President George H.W. Bush. The program allocates a limited number of immigrant visas each year to individuals from countries with historically low levels of immigration to the United States. The Diversity Visa program has played a significant role in promoting diversity and inclusivity in the U.S. immigration landscape. Through its unique lottery-based selection process, the program has welcomed individuals from countries with historically low immigration rates, leading to a more diverse and culturally rich America. While it has faced challenges, the program remains an integral part of U.S. immigration policy, contributing to the nation’s economic and cultural vibrancy. This blog delves into the historical development of the DV program, its eligibility criteria, and its influence on U.S. immigration patterns. DV Program Eligibility Criteria Country of Eligibility: The DV program primarily targets countries with low rates of immigration to the United States, determined by a formula. Educational or Work Experience Requirements: Applicants must meet minimum educational or work experience criteria to qualify for the DV program. Random Selection Process: The DV program employs a randomized computer-based lottery system to select applicants who meet the eligibility criteria. The Evolution of the DV Program Changes Over Time: The DV program has seen various changes in eligibility criteria, application processes, and numerical limits on visas. Security Enhancements: In the post-9/11 era, the program underwent significant security enhancements to ensure the integrity of the selection process and scrutinize applicants more thoroughly. Impact on U.S. Immigration Diversity and Inclusion: The DV program has been a key driver in diversifying the U.S. immigrant population, contributing to a rich tapestry of cultures and backgrounds. Economic Contributions: DV program recipients have made substantial contributions to the U.S. economy, with many becoming entrepreneurs, professionals, and skilled workers. Cultural Enrichment: The DV program has brought about cultural enrichment, as recipients have added to the nation’s artistic, culinary, and intellectual landscape. Controversies and Challenges Fraud and Abuse: The DV program has faced challenges related to fraud and misuse, prompting the need for enhanced security measures. Political Debates: The DV program has been a subject of political debate, with some advocating for its expansion and others seeking its elimination.

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Adjustment of Status Guidance

Adjustment of Status Guidance

Adjustment of Status in the United States is the process through which eligible foreign nationals already residing in the country can apply to become lawful permanent residents (Green Card holders). This process allows individuals to transition from their current non-immigrant or temporary status to permanent residency without the need to leave the United States. Whether sponsored by family members, employers, or other qualifying categories, the adjustment of status is a significant step on the path to achieving long-term legal status and enjoying the privileges and benefits of residing in the United States as a lawful permanent resident. Here are key points about the adjustment of status process: Eligibility: Not all foreign nationals in the U.S. are eligible for adjustment of status. Eligibility is generally based on specific categories, such as family-sponsored immigrants, employment-based immigrants, diversity visa lottery winners, refugees, asylees, and certain other categories. Family Sponsorship: Many individuals adjust their status through family sponsorship, where a U.S. citizen or lawful permanent resident family member petitions for their Green Card. Employment-Based: Some individuals, particularly those in certain employment-based visa categories, can adjust status based on their job and employer’s sponsorship. Application Process: The adjustment of status process involves filing various forms, such as Form I-485 (Application to Register Permanent Residence or Adjust Status), along with required supporting documentation and fees. Background Checks: Applicants are subject to thorough background and security checks, including fingerprinting, criminal background checks, and security clearances. Medical Examination: Applicants are required to undergo a medical examination by an approved civil surgeon to ensure they do not pose a public health risk. Interview: In many cases, applicants are required to attend an in-person interview at a U.S. Citizenship and Immigration Services (USCIS) office to assess their eligibility for Green Card status. Work Authorization and Travel: While their applications are pending, some applicants may be eligible for work authorization and permission to travel internationally using an Employment Authorization Document (EAD) and Advance Parole, respectively. Conditional Permanent Residence: In some cases, conditional permanent residence may be granted. For instance, spouses of U.S. citizens or Green Card holders may receive a two-year conditional Green Card, which must be converted to full permanent residence. Two-Year Home Residency Requirement: Some J-1 visa holders and their dependents may be subject to a two-year home residency requirement that must be satisfied before adjusting their status. Biometrics and Medical Examination: Applicants are required to provide biometric information (fingerprints) and undergo a medical examination by a designated civil surgeon. Issuance of Green Card: If the adjustment of status is approved, the applicant will be issued a Green Card, granting them lawful permanent residence. It’s crucial to follow the specific application guidelines for the category you are applying under and consult with immigration authorities or an immigration attorney for the most up-to-date information and guidance. Adjusting status is a significant step in the path to becoming a permanent resident of the United States.

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