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Immigration Guideline

Transfer of Underlying Basis – Part One

February 14, 2023

Transfer of Underlying Basis – Part One An applicant for an adjustment of status whose application is based on a certain immigrant category sometimes intends the application to be looked at under a different category.  For example, an applicant who originally applied for adjustment based on a pending or approved employment-based petition but later married a U.S. citizen and now wants to adjust based on a family-based petition filed by the new U.S. citizen spouse. An applicant who originally applied for adjustment based on a pending or approved special immigrant petition but now wants to adjust based on a later filed family or employment-based petition. A. Requirements for eligibility When considering a request to transfer the basis of an adjustment application, the officer should think about the following pointers. 1. Keeping the right to change the status To move an adjustment application from one basis to another, there can’t be a break in the applicant’s basic eligibility to adjust before the transfer request is sent.  A transfer cannot be given if the applicant is no longer eligible by the time the transfer is asked for. Not when the transfer request is reviewed or granted, but when it is received, is the most important date for figuring out if the person is still eligible.  Adjustment Applications must always be backed up by a Petition or Basis and be free of fraud.  2. The adjustment application is still pending An adjustment application cannot be moved from one basis to another if there are any breaks in the application, such as if the applicant decides to withdraw the application or if the application is denied because the applicant did not show up for a scheduled interview without a good reason. Once a final decision has been made on an adjustment application, whether it was approved, denied, or withdrawn, a transfer cannot be approved, even if USCIS reopens or rethinks the final decision. 3. Who can be in the Substituted Category To back up their request to switch to a new eligibility basis, the applicant must show proof that they are eligible for the new immigrant category.  The instructions for filing the adjustment application will tell you what proof is needed. The transfer request should be handled as if it were a new application, and the person asking for the change should provide the documents needed to show that they are eligible for the new adjustment category. Under the new category of immigrants, it is up to the applicant to show that they are eligible.  Before making a decision on a request for an adjustment, an officer does not have to make a full eligibility determination or pre-judge the application, even though proving eligibility may help the officer decide whether or not to grant the request. Inadmissibility and Bars to Adjustment Under INA 245(c) The officer should think about the fact that a person who wants to change the basis of an adjustment application that is still being processed may become subject to grounds

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Undocumented Immigrant

January 24, 2023

Undocumented Immigrant An undocumented immigrant is a person born outside of the United States but does not have the authorization necessary to be in or to stay in the U.S. under any circumstances. But unfortunately, that’s where the simple part ends. Let’s look at some frequent questions and misconceptions surrounding undocumented immigrants. What difference Between an Undocumented Immigrant and an Illegal Alien “Illegal alien” is not a technical phrase; thus, the answer is “yes” only in theory. It is jargon that is commonly used but is not found anywhere in the immigration rules of the United States. However, because of the derogatory connotations associated with the term, it is preferred to use less offensive terminology, such as “undocumented immigrant” or “unauthorized immigrant.” How Many Undocumented Immigrants are in the United States? It is estimated that the number of immigrants living in the United States without proper documentation is anywhere between 10.5 and 12 million. Given that this is a population that actively works to avoid detection, it is obvious that there is no way to ascertain the exact number of individuals involved. Is it True That all Undocumented Immigrants Enter the United States Illegally? A handful of them, but not all. Although it is difficult to obtain reliable data, it is abundantly obvious that a considerable percentage of undocumented immigrants initially entered the United States legitimately from a variety of nations, either as tourists or on some other type of nonimmigrant (temporary) visa. Then, after the time that their permitted stay was supposed to end, they did not leave the country as expected. Overstaying a visa carries its own consequences under U.S. immigration law.  Why Hasn’t the U.S. Deported all Undocumented Immigrants? In part, this is due to the fact that the resources available to law enforcement in the United States are not sufficient to keep up with the numbers. Even the detention and removal of a single individual can cost several thousands of dollars. It is also essential to have a firm grasp on the fact that there are grey areas, in which a person who would be labeled undocumented possesses something that is essentially equivalent to a right to remain in the United States. Some illegal immigrants are unaware that they may be able to stay in the United States if they have a valid claim for asylum, Temporary Protected Status (TPS), or another kind of immigration relief. This is especially true for those immigrants who entered the country as children. For instance, asylum seekers who are at risk of being persecuted by their own government but are unable to make direct contact with a refugee agency in their home country may be left with no other option but to enter the United States illegally in order to avoid being persecuted. They should be permitted to present their allegation if they are stopped at the border, and if an immigration court determines that their fear is credible, they should be allowed to meet the judge. Or, if a person who

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Things You Need to Know About EB2-NIW

January 19, 2023

Things You Need to Know About EB2-NIW People from all over the world fantasize about making a move to the United States because of the opportunities it provides. However, the immigration procedure, particularly the process of obtaining a green card through an EB-2 NIW, is lengthy and time-consuming. In addition to that, not everyone is eligible. The EB-2 National Interest Waiver visa is one of the several visas and avenues to immigration that the United States government makes accessible. Still, it is the one that has seen the greatest amount of success. The EB2-NIW is an employment-based visa that does not require sponsorship. The NIW stands for “national interest waiver.” This means that the U.S. government will waive the requirement of a job offer. The Department of Labor will provide authorization to employ a foreign national if the foreign national’s proposed endeavor benefits the U.S. Thus, a qualified individual can “self-petition” and get a green card based on their own professional experience and skills. The EB2-NIW visa requires a lot of documentation. It also includes many steps that people do not often know of or understand. Here, we have listed all the frequently asked questions that people often struggle with. In doing so, we aim to make the green card application process and processing times a bit easier for our clients. Below is a complete, basic guide to the EB2-National Interest Waiver visa. EB-2 with National Interest Waiver 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. Difference Between a Regular EB2 and an EB2 with National Interest Waiver 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. Who Can Apply for an EB2-NIW? 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. What Does an EB2-NIW Waive Off? 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

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All you Need to Know About H-3 Visa

January 19, 2023

All you Need to Know About H-3 Visa Ever wondered if there is a visa category regulated by the USA that is dedicated to foreign Trainees? If you are looking for one, then you have come to the right place. H-3 visa mostly comes into use when a USA-based corporation has its establishment in foreign locations and it wants to train its employees in its training center in the USA. However, this visa program allows not only foreign trainees but also Special Education Exchange Visitors to come temporarily and receive training here under the H-3 non-immigrant visa. However, in both cases, the purpose of the H-3 classification does not address productive employment at all. Instead, this is specifically designed to allow foreign nationals to have training that is unavailable in  their country of residence. Who are eligible to avail H-3 visa? Trainees: Foreign nationals having residence in a foreign country and coming temporarily to the USA as trainees are eligible to apply for this visa. A caveat is that the trainee must have received an invitation from an organization or person to receive training, in any field including but not limited to Agriculture, Commerce, Communications, Finance, Government, Transportation, and Other Professions. Moreover, the allowed fields of training do not include graduate medical education or training. Special Education Exchange Visitors: They are those visitors who seek to participate in training programs that are dedicated to the education of children with physical, mental, or emotional disabilities. The Special Exchange Visitor must have a baccalaureate degree in special education or be near the completion of a baccalaureate degree program in the same or have extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.  What are the requirements for to Training Program to avail H-3 Visa as a Trainee? The petition for an H-3 visa can only be filed by a US employer or organization, and the trainee himself/herself cannot do so. While filing the petition, the petitioner must demonstrate that: a) The proposed training is not available in the trainee’s country; b) The trainee will not be employed in the normal operation of the business and will not engage in productive employment not incidental and necessary to the training; c) The training will benefit the trainee in pursuing a career outside the USA. On the other hand, some characteristics of a training program may make it incompatible with the H-3 visa program. These include but are not limited to: A program that is incompatible with the practitioner’s business or enterprise Invites a trainee who already possesses substantial expertise and training in the proposed field of training. The field proposed is a field the knowledge of which is unlikely to be used outside the USA Petitioner does not have the physical plant and sufficiently trained workforce to train the trainee. The training program intends to extend the total allowable period of practical training previously authorized to a non-immigrant student. The Process of filing H-3 visa application for a Trainee:

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DV Visa Program: All You Need to Know

January 17, 2023

DV Visa Program: All You Need to Know If you have plans to immigrate to the US at any point in the future, there is a possibility that you have thought about acquiring a DV visa. If you are lucky enough to be selected for the DV program, this is one of the easiest ways to obtain lawful permanent residency in the US. But what is the DV program? The “Diversity Immigrant Visa Program”, also known as the “DV Visa” program or the “DV Lottery”, is a statutorily created immigrant visa program for citizens of countries that historically have low rates of immigration into the US. The Department of State administers this visa program every year. Every year, around 50000 diversity visas are made available to potential immigrants in this category. The entry period for the DV-2024 Diversity Visa Program was between October 5, 2022, and November 8, 2022. If you have applied for a diversity visa during this period or planning to apply for the DV-2025 Diversity Visa Program, you probably want to know more about the program. In this blog, we will discuss the details of this visa program.  How to Apply: You can apply for a Diversity Visa within a limited period of time each fiscal year. The time period during which the Diversity Visa is available is published by the Department of State every year. Within this time period, you can visit the official Electronic Diversity Visa (E-DV) website (https://dvprogram.state.gov/) and apply for the visa. A person can only apply once during each registration period.  Once you complete the registration, you will receive a confirmation number. You will have to use this number for checking the status of your application. Registration is completely free.   How to Know if You are Eligible: The DV program has a few requirements that an applicant needs to meet in order to be eligible. These are:  You must be a native of an eligible country: The DV visa is only available to natives of countries with a historically low immigration rate in the US. The list of countries that are eligible can vary between years. This usually happens when the citizens of a particular country have immigrated to the US at very high rates in recent years, and for this reason, the Diversity quota does not apply to them. For example, natives of Bangladesh were not eligible for the DV-2024 program, because more than 50000 natives of the country immigrated to the US in the past 5 years.  You must meet the education/work experience requirement of the DV program: In order to do so, you must have either a successfully completed 12-year course of formal elementary and secondary education or two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform. If you meet these requirements, you will be eligible to apply for the DV visa.  Selection of Applicants: The selection process of Diversity Immigrant Visa (DV) applicants is conducted randomly

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WHAT IS ADMINISTRATIVE PROCESSING?

January 16, 2023

WHAT IS ADMINISTRATIVE PROCESSING? Administrative processing, also referred to as Security Advisory Opinion (SAO), is the time frame during which a determination regarding a US visa application is made outside of the time it takes for visa processing. An official from the Department of State’s consular division will be deciding on your application when you appear for your visa interview. At the completion of the interview, consular authorities must decide on a case. This signifies that they have to be convinced that you comply with the requirements for the visa and do not present a risk to the US in terms of security or any other relevant area. A decision about the visa application must be made by the officer at the conclusion of the interview; no case may stay in an unadjudicated status after that point. If the officer decides to grant the visa, they will inform you of their decision and provide you with information on how to do so. If the officer’s decision is to deny the application, the officer has a couple of choices, and this is where administrative processing can come into play. HARD AND SOFT DENIALS Denials can be broadly categorized into two categories: “hard” and “soft” denials.  A denial made in accordance with any or both of the Immigration and Nationality Act’s (INA) Sections 214(b) or 212(a) is referred to as a “hard” denial.  The law’s Section 214(b) authorizes the officer to summarily reject the application for a visa if they believe the applicant would overstay it if it is granted. When an application is denied under Section 212(a), the officer must make a legal determination that the applicant is not permitted to enter the country for a particular reason (for example, the applicant has been convicted of a controlled substance violation). Denials under Sections 214(b) and 212(a) are regarded as “hard” since the application has been thoroughly adjudicated at that stage and it is unlikely that the negative judgment will be overturned or amended, at least not on that application. But the consequences of Administrative Processing indicate the “soft denial. A “soft” denial is a denial under Section 221(g). Section 221(g) is the provision of the INA that allows an officer to deny a case as an interim measure when they do not have the information or clearance they need to be able to grant the visa at that moment.  In general, an officer would issue a “soft” denial as opposed to a “hard” refusal, submitting the case for administrative processing for the following reasons: They now lack some information or approval, but they anticipate getting it shortly. When they do, they will override the denial and grant the visa. HOW DO I KNOW WHICH TYPE OF DENIAL I’VE RECEIVED? Examining the written notice the officer provides you with at the conclusion of the interview will help you determine the type of denial you have experienced.  You will know you have received a “hard” denial if the officer states anything to the

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Why US Visa Applications are Rejected

January 5, 2023

Why US Visa Applications are Rejected: Immigration is a serious aspect of a country’s safety and security. Due to this, the U.S. immigration department has rules and guidelines that are strictly followed while issuing visas. Most visa applications are rejected because people fail to follow the guidelines. Two legal grounds on which US Visa applications are refused are sections 214(b) and 221(g) of the Immigration and Nationality Act. We have elaborated on these two grounds here. Why visas are refused Under 214(b)  What does it mean when a US consular officer says, “Your visa application is refused and you are not qualified under Section 214(b) of the Immigration and Nationality Act”? Section 214(b) of the United States Immigration and Nationality Act states that: “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa that he is entitled to non-immigrant status.” This means that the applicant did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant. Thus, the visa applicants must convince the Consular Officer of the following: That he or she intends to return to his or her home country following a temporary stay in the United States, That his or her financial situation is such that he or she can afford the trip without having to seek unauthorized employment in the U.S., That the travel is for legitimate purposes permitted by the applicant’s visa category. Applicants overcome this presumption of immigrant intent by providing proof and facts that their overall circumstances, including social, familial, economic, and other ties to their home country, will compel them to leave the U.S. at the end of a temporary visit or study. “Ties” are the various aspects of life that bind you to your home country, such as your family relationships, employment, and possessions. In the case of younger applicants who may not have had an opportunity to establish such ties, U.S. law considers educational status, school grades, and long-range plans in their home country before issuing a 214b. As each person’s situation is different, there are no single criteria that show compelling ties to their home country. However, it is important to show intent to return to one’s home country after the duration of the visa expires. If a person fails to prove that he or she does not intend to return to his or her home country after the temporary stay, then there is a very good chance that the visa application will be rejected under section 214(b). Denial Under Section 214(b) is not permanent The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. The applicant should contact the embassy or consulate to find out about reapplication procedures. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change

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A Basic Guide to the United States Federal Court System

January 4, 2023

A Basic Guide to the United States Federal Court System: federal court system in the United States is a series of courts responsible for hearing both criminal and civil cases relating to federal statutes or matters authorized under the Constitution. There are two types of court systems in this country – the federal court system and the state court system. Municipal and local courts are included in the state court system. The U.S. Constitution, Article III, establishes the federal court system with the U.S. Supreme Court and permits Congress to create lower federal courts, namely circuit and district courts. With certain notable exceptions, the federal courts have jurisdiction to hear a broad variety of cases. The same federal judges handle civil and criminal cases, public law and private law disputes, cases involving individuals and cases involving corporations and government entities, appeals from administrative agency decisions, and law and equity matters including disputes involving more than $75,000 between residents of different states. There are no separate constitutional courts, because all federal courts and judges may decide issues regarding the constitutionality of federal laws and other governmental actions that arise in the cases they hear. What are the types of US Federal Courts? At both the federal and state levels there are two kinds of courts: the Trial Court and the Appellate Court. The trial court’s basic work is to resolve disputes by determining the facts and applying legal principles to decide who is right. The appellate court’s work is to decide whether the law was applied correctly in the trial court, and in some cases, whether the law is Constitutional. The federal judiciary of the United States has three basic tiers. Parties first argue their cases in the lower courts, and may appeal their cases to the higher courts after a decision has been made. There are 94 District Courts (trial courts), 13 Courts of Appeals (intermediate appellate courts), and the United States Supreme Court (the court of final review). Below is the basic structure of how the federal court system functions: District Courts (Trial Courts) The United States district courts are the principal trial courts in the federal court system. These Courts are the first level of the federal judiciary process, where cases are heard for the first time (referred to as original jurisdiction). District Courts are also referred to as trial courts. The district courts have jurisdiction to hear nearly all categories of federal cases. There are 94 federal judicial districts, including one or more in each state, the District of Columbia, Puerto Rico, and the overseas territories. Every district court has at least one District Judge who is appointed by the President and approved by the Senate. These judges have lifetime appointments, unless they are removed through impeachment by Congress. At this level, the US Attorney serves as the primary prosecutor. In some cases, a magistrate judge appointed by the district court may oversee certain aspects of a civil or criminal case, such as handling pre-trial matters like settlements, arraignments, and pleas. Trial court

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ALL YOU NEED TO KNOW ABOUT J-1 VISA

December 25, 2022

ALL YOU NEED TO KNOW ABOUT J-1 VISA What is J-1 Visa? J-1 exchange visitor visas are nonimmigrant visas for foreign nationals intended to promote cultural interaction between people from the United States and other countries. The visa allows its holders to stay temporarily in the US while engaging in a work-and-study-based exchange and visiting programs. Before you can apply for a J-1 visa, you will first need to submit an application for an exchange program (either to study or work) with an assigned sponsor in the United States. You cannot apply for a J-1 visa until you have been accepted into a program. Who is Qualified to Apply for a J-1 Visa? J-1 visas are often granted for participants in the Fulbright Scholarship program, specialized training programs for foreign medical graduates, and programs for foreign university professors who will be teaching or doing research in the United States.  Your exchange program determines your J-1 visa category. A J-1 exchange visitor visa requires proof that the applicant will be traveling to the United States for the express purpose of participating in an educational or cultural exchange program as a student, scholar, trainee, intern, au pair, teacher, professor, research assistant, medical graduate, or international visitor. Also, you must be participating in a program of studies, training, research, or cultural enrichment that has been designed by the U.S. Department of State (DOS), via its Bureau of Educational and Cultural Affairs (ECA). But before applying for the visa, you must apply to, and gain acceptance from, one of these programs. How to Get a J-1 Visa? The processes required to apply for a J-1 visa are detailed here; however, the sequence in which they must be completed will vary depending on your country of origin. This is a detailed explanation of how to get a J-1 visa:  Step 1. Find a J-1 Sponsor in the United States To get a J-1 visa, you must be accepted by a program sponsored by a recognized organization. Many of these sponsoring organizations may put individuals anywhere in the United States, regardless of their actual location. Listed below is the official roster of recognized sponsor groups as maintained by the United States Department of State. Keep in mind that many groups pre-screen applicants to ensure they have enough command of the English language. Sponsoring companies may also assist with J1 visa applications. Step 2. Fill in the Visa Application Form The J-1 visa application must be completed online. At your visa interview, bring the printed version of the online page. You must submit your visa picture online, but carry a copy in case it fails. The DS-2019 Form, also known as the “Certificate of Eligibility for Exchange Visitor (J-1) Status,” must be submitted after you have applied and been authorized by a designated sponsor organization. This form is the official documentation used by the US Department of State to grant an interview with an embassy or consulate of the United States. If your spouse or child(ren) will

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Important Aspects of Form I-130A

November 23, 2022

Important Aspects of Form I-130A The first step in obtaining immigrant status under any family preference category is filing the Form I-130, Petition for Alien Relative, by a lawful permanent resident or US citizen as a petitioner (commonly known as the sponsor) for her/his alien relative. It establishes the relationship between the petitioner and the intending immigrant. However, if you are petitioning for your spouse, USCIS also requires Form I-130A, Supplemental Information for Spouse Beneficiary, to be submitted along with the I-130. Which is used by USCIS to acquire further information about the spouse beneficiary. What Is the Function of the I-130A Form? The Form I-130A, originally known as Supplemental Information for Spouse Beneficiary, is used by the USCIS to collect more detailed personal information regarding the intended immigrant. Such as, the detailed address and employment history, information about the parents, etc. This form is used as an attachment to the original petition to provide more information about the spouse beneficiary. Who Needs to Complete the I-130A Form? Every spouse beneficiary applying for a marriage-based green card is required by the USCIS to submit Form I-130A as their first step toward the immigration journey. This form must be completed and signed by the beneficiary and attached to their original I-130 petition. Nevertheless, beneficiaries residing outside the US need not to sign the form. The I-130A form is not necessary for people submitting a family sponsorship form for other types of relatives, such as children, siblings and parents, as it is only required for the marriage-based green card. What Distinguishes Forms I-130 and I-130A from One Another? In the immigration procedure, Form I-130 and I-130A have different functions. Form I-130 is used to establish that you are indeed married to the individual you are sponsoring. On the contrary, the USCIS collects detailed information about the spouse beneficiary to verify the marital relationship using the Form I-130A. Supporting documents: You must submit Form I-130A along with additional supporting documentation to your green card application to establish your marital status. Though supporting documents can vary depending on the case, following are some of the general required supporting documents to submit along with the petition: A copy of your marital certificate, Proof that you ended your prior marriage, if you were formerly divorced, Evidence of shared life together (for example, joint tax return, joint health insurance, joint bank statements, etc.) Your birth certificate, Birth certificates of your children, Affidavits signed by friends or family members to prove the legitimacy of your marriage. Filing Fee: There is a filing fee of $535 for the I-130 petition. Since the I-130 A is filed along with the petition, there is no extra filing fee for this form. Where and how should you file your Form I-130A? Form I-130A should be submitted with Form I-130, along with any additional supporting documents. If you are a US Citizen or Lawful Permanent Resident who is considering applying for your family members to bring them to the US but find the procedure

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Basics You Need to Know Before Filing an I-140 Petition

November 22, 2022

Basics You Need to Know Before Filing an I-140 Petition If you are a non-immigrant alien seeking immigration under an employment-based category, Form I-140, Immigrant Petition for Alien Worker, must be filed for you to get you classified as an alien beneficiary. It establishes the eligibility for your immigrant status. Usually, this petition is filed by a US employer as a petitioner for a foreign employee. However, the alien beneficiary can file it for himself/herself in some particular cases (generally known as self-petition). Who can file the I-140 Petition? This petition can either be filed by a US employer or company on behalf of the employee or the beneficiary can file it for himself /herself. A US employer can file this petition for: An outstanding professor or researcher with at least three years of experience in teaching or research in the academic area, who is recognized internationally. An alien who, in the three years before filing this petition, has been employed in a primarily managerial or executive capacity for at least one year by a firm or corporation who seeks to enter the United States to continue working for the same employer. A member of the professions holding an advanced degree or an alien with exceptional ability in the sciences, arts, or business who will substantially benefit the welfare of the United States. A skilled worker (requiring more than two years of specialized training or experience) to perform labor for which qualified workers are not available in the United States.  A member of the professions with a baccalaureate degree. An unskilled worker (requiring less than two years of specialized training or experience) to perform labor for which qualified workers are not available in the United States. A self-petition can be filed for: An alien of extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim and whose achievements are recognized in the field. A member of the professions holding an advanced degree or who is claiming exceptional ability in the sciences, arts, or business, and is seeking an exemption of the requirement of a job offer in the national interest, generally known as a National Interest Waiver (NIW). Required Supporting Documents: Since this petition is filed by a US employer or the beneficiary himself/herself, USCIS requires some supporting documents along with the form as a proof of eligibility regarding the permanent residency of the alien beneficiary. Supporting documents can vary from case to case. However, the following are some general supporting documents to be submitted along with the petition: Copy of your approved labor certification.  Proof of the employer’s adequate financial condition to pay the beneficiary until they become a permanent resident. Job verification letter signed by the employer. Documents that prove your qualification. Such as experience letters, degree certificates, education evaluations, qualification letters, etc. Proof of your international recognition and achievements in the area of your expertise. How and where should you file your Form I-140? If you are eligible under any

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All about form I-864

November 15, 2022

All about form I-864 Form I-864, Affidavit of Support, is a document signed by an individual accepting to provide adequate financial support to an intending immigrant. This is a contract between the sponsor and the US government. This form proves that the sponsor has sufficient financial conditions to support the intending immigrants as well as her/his household members. By signing Form I-864, the sponsor states their commitment to using their income or assets to financially help the intended immigrant until she/he becomes a US citizen or can be credited with 40 qualifying quarters of work under the Social Security Act. Who needs to file I-864? This form is essential for most of the family-based and some of the employment-based intending immigrants.  If the intending immigrant falls under one of the following criteria she/he needs to file I-864: Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21 years of age). Sons and daughters of U.S. citizens; spouses and unmarried sons and daughters of lawful permanent residents; and brothers and sisters of U.S. citizens. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition. Sponsorship Eligibility Form I-864, Affidavit of Support, is filled out by a sponsor on behalf of the prospective immigrant. In general, the sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident. Moreover, there is no fixed limit on how many people one individual can sponsor as long as it meets the poverty guidelines criteria. Income Requirements She/he must have a minimum annual income, which is 125% of the Federal Poverty Guidelines. For any individual working in the U.S. Armed Forces, it will be only 100% except this provision doesn’t apply to joint or substitute sponsors. In case one can’t meet the income requirement alone They can add the income of their relative living in his/her household.  Add the value of their asset. For example, bonds, real estate, etc. As for savings, only a specific percentage will be accepted. Include a joint sponsor, who can meet the requirements and may submit Form I-864 to sponsor all or some of the family members. A joint sponsor can be any U.S. citizen, lawful permanent resident, or U.S. national who is at least 18 years of age. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant. Filing fees There is no filing fee for this form. This form is generally submitted with the I-485 form and with the Immigration Visa Processing case.  If you are a US Citizen or Lawful Permanent Resident who is considering applying for your family members to bring them to the US but find the procedure to be a little challenging, feel free to get in touch with Raju Law. We will assist you in determining your eligibility and help you complete your

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