K1 visa Vs Form I 130

Most people who wish to help their fiance(e) immigrate to US have a doubt on what form to file, whether K1 visa or Form I 130. It depends on the the length of the relationship, the supporting evidence, the number of times the sponsor or the petitioner has physically met their fiance(e), are few of the considerations to file the appropriate form.

Only the citizens of the US may file a K1 visa for a fiance(e). If you are a legal permanent resident you may then have to file Form I 130 to petition your spouse. A K1 visa is issued to the fiance(e) of a United States citizen to enter the US and marry the United Citizen within 90 days after the entry of the fiance(e) into US. A K3 visa is used by a US citizen to bring his or her spouse to the US. Form I 130 is used by a US Citizen or a legal permanent resident to petition his or her spouse for a green card.

The average waiting time for K1 visa is approximately 7-9 months, K-3 petitions take approximately 8-10 months and Form I 130 petitions take approximately 8-12 months to be processed.

What Form Must I File?

If you are a US Citizen and you wish to bring your fiance(e) to US to get married you must file K1 visa application. On approval of the petition by the US Citizen, the fiance(e) may travel to United States for a period of 90 days. A K-1 visa requires a fiance(e) to marry his or her US citizen sponsor within 90 days of entry into the United States. The fiance(e) may then obtain work permit to work in the United States. It is mandatory that the US Citizen and the fiance(e) must be married within the 90 days period , so that the fiance(e) will be eligible to apply to adjust status to a lawful permanent resident.

If you are a US Citizen and you wish to bring your spouse to US then you must file K3 visa application. You can apply for a K-3 visa for your spouse only after you have filed the I-130 petition. Your spouse can enter the US on a K3 visa while the I-130 is pending and must apply to adjust status to a permanent resident with the USCIS upon approval of the petition.

Form I 130 is used by either by a US Citizen or a Legal Permanent Resident to petition their spouse to immigrate to United States. This process is a lengthy process when compared to that of K1 and other processes.

A K1 visa holder will not be able work or leave the country until they apply for adjustment of status. When they file for adjustment of status, applications for employment and travel will also have to be filed. After 90 days of filing the petition, the spouse may be able to travel and work.

A K-3 visa is a multiple-entry visa and the spouse may travel out of the country. The K 3 visa holder must apply for an EAD/work permit and it has to be filed along with the adjustment of status application.

Once the adjustment of status application is approved, the applicant acquires legal permanent resident status. They may then obtain employment immediately and also travel outside the country.

Us Immigration And Business Law E2 Visas And Company Incorporation

This article will attempt to provide some brief insight into the E2 visa process and how it interacts with the process of incorporating an LLC in the United States of America.

The E2 visa is an employment based visa that provides the bearer with the opportunity to live and work in the United States in order to oversee and administer an investment in a trade or business enterprise. Those seeking an E2 visa are well advised to research the category thoroughly before making irrevocable decisions as the E2 visa’s issuance is predicated upon statutory language as well as various executive regulations and policies. Denial of an E2 visa application could prove costly in terms of time as well as resources.

Many who consider the possibility of an E2 visa find that an American Immigration attorney can prove very helpful by providing insight into the process and assistance in filling out relevant forms and compiling supporting documentation in an effort to ensure fast and efficient processing of either the petition submitted to the United States Citizenship and Immigration Service (USCIS) or the visa application which is likely to be submitted to a United States Embassy or United States Consulate abroad. Those individuals who are already in the US and wish to change their visa status to the E-2 category will need to submit a petition to USCIS. More commonly, those living abroad wishing to travel to the US on an E2 visa should submit their visa application to a US Embassy or US Consulate abroad.

US company registration can be an important issue for people thinking about submitting an application for an E-2 visa. Unlike many jurisdictions in Asia, registration of a limited liability company in the United States is usually quite a smooth process for those who retain the services of an attorney trained in American corporate law. Those looking for information about an E-2 visa should note that the need for the visa ought to spring from a real business imperative. In short, the business incorporation should not be conducted as a pretext in an effort to simply obtain immigration benefits. The business concern that underlies the visa application should be bona fide and comport to certain rules and regulations. These rules and regulations come into play when a Consular Officer at a US Post abroad makes an adjudication based upon the merits of the E2 visa application.

The US visa process can be convoluted and cumbersome for those who do not understand U.S. Immigration law. Thus, assistance of experienced counsel is generally recommended in immigration matters especially where company registration plays a key role in the visa application process.

Immigration Lawyers – FREE Initial Personal Consultation 718-263-5999

On May 11, 2010, USCIS announced that it has redesigned the Permanent Resident Card-commonly known as the “Green Card.” The new state-of-the-art card incorporates several major new security features. The redesign was one of the latest ongoing efforts to prevent and deter immigration fraud. USCIS will now issue the new, secure format which prevents counterfeiting, and tampering, and makes it easier to quickly get accurate information.

The new format includes holographic images, laser engraved fingerprints, and high resolution micro-images which will make the card nearly impossible to reproduce. There will be a Radio Frequency Identification (RFID) capability which will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately with file data. Also, a preprinted return address will help for an easy return of a lost card to USCIS.

In addition, to comport with its nickname, the permanent resident card will actually be colored green. USCIS will replace Green Cards as people apply for renewal or replacement. So, if you have a green card with the older design-you don’t need to get a replacement card. Your green card is still valid until the expiration date printed on the card.

FRONT OF CARD PREVIOUS NEW Optical Variable Ink – X

Holographic Image X X

Embedded Radio Frequency Identification Device (RFID) – X

Optical Variable Ink – X

Laser Engraved Fingerprint – X

Unique Background Design X X

BACK OF CARD

Tamper Resistant Border – X

Optical Media Stores, All Digital Files, Including Biometrics – X

Micro-image, High Resolution

Pictures of State Flags and U.S. Presidents X X

The Law Offices of N.M. Gehi, P.C. has three convenient locations in Queens, Long Island, New York, and provides comprehensive immigration and bankruptcy services to clients. Immigration Lawyers at Law Firm are experienced in dealing with complicated immigration cases, including H-1Bs, Labor Certifications, I-140s, I-485s, deportation proceedings, and family-based petitions…etc. Contact law firm @ 718-263-5999 for a free initial personal consultation.

Humanitarian Reinstatement Of I-130 Petitions

Question: My mother who is a lawful permanent resident of the U.S, petitioned both my brother and sister who are living in the Philippines eight years ago. We received a notice recently from the National Visa Center stating that we have to pay the Affidavit of Support, (AOS) fees which are something like $800. I was ready to pay this amount when suddenly my mother died. I was told that this may affect the petitions of my siblings. Is this true?

What can I do? Should I pay the $800 to the NVC? What happens to the petitions now that my mother died? Can I be substituted as a sponsor for them instead? One Attorney in Los Angeles said that he can fix this case but he wants $20,000. What should I do?

Answer: Though we always think that once a petition has been filed for us by our relatives in the US, there are only very minor roadblocks we can expect along the way. This is the case most especially if the petition has approved and has been forwarded to the National Visa Center waiting for priority date. Nothing else should worry us and we can just go on living while the priority date becomes current. Or so we think.

Unfortunately, there are cases wherein the petitioner dies before his relatives can come to the U.S. This is often due to the fact that US immigration process has a huge backlog in most countries and that it takes years before a visa becomes available for an applicant. During this long wait, if the Petitioner dies, the petition by law is automatically invalidated and cancelled. A lot of beneficiaries of US immigration petitions, like you, are saddened and surprised that the petition for their loved ones is no longer valid once the petitioner dies. So, if the petitioner dies before the beneficiaries enter the U.S. as immigrants, the case is over.

There is NO need to pay the NVC any fees because 1) the fees will not be refunded, 2)the U.S. Embassy will no longer process the application once it learns that the Petitioner died. The Embassy will instead, send the petition back to the USCIS office that originally approved it back in the states.

In most cases, that is the end of the line. The beneficiaries, even though they waited patiently for years and years can no longer come to the U.S. You cannot step into the shoes of the petitioner and be a substitute sponsor. However, there is a way to appeal this revocation of the petition. The process is called a Request for Humanitarian Reinstatement or also called Request for Humanitarian Revalidation. Humanitarian Reinstatement was made available by immigration regulations to cover these kinds of situations. It is entirely discretionary with the USCIS and is not guaranteed, but if you can show that there are circumstances justifying the reinstatement of the petition, the USCIS can revalidate and approve the petition and the beneficiaries can come to the U.S. as if the petitioner were still alive. The USCIS usually looks at the following factors: 1) disruption of an established family unit; (2) hardship to U.S. citizen or LPR family; (3) age and health of beneficiary; (4) length of beneficiarys residence if any in the United States; (5) whether beneficiary has a foreign residence (if in the U.S.) to which he can return; (6) undue delay by USCIS or the embassy in processing the petition or visa; and (7) extent of beneficiarys family ties in the United States.

For a Humanitarian Reinstatement to be applicable, the petition must have first been approved before the death the petitioner. Secondly, the beneficiary must arrange to have a substitute sponsor who may file for the required affidavit of support. This must be someone who can establish the means to support the beneficiaries with an annual income amount equal to at least 125 percent of the Federal Poverty line.

The qualified substitute sponsor must be a close relative such as the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild of a sponsored alien or a legal guardian of the sponsored alien. Friends and distant relatives cannot qualify.

As far as paying an attorney $20,000 for submitting a request for reinstatement, I would question any lawyer who charges such exorbitant fees. Would you pay $1000 for a $1 lottery ticket without a guarantee of winning? Sure, there is a lot of work involved but there is no need to gouge or take advantage of persons who are suffering the loss of a loved one. I, for one, do not practice law that way. I would be weary of anyone who says it is a sure thing or I guarantee it. By law, reinstatement is discretionary. No one, can say if a request will be approved and it is unethical to claim it is a sure thing. Stay away from such boastful claims. You will be $20,000 richer and a lot happier.

Immigration Attorney Temecula – Dealing With The Uscis

A Temecula, CA Immigration Attorney, John Mansfield, explains:

I’m talking to you today about the USCIS. What’s the USCIS?, you might asked. It is the United States Citizenship and Immigration Service. They are a branch of the US Department of Homeland Security and they are responsible for receiving, processing and approving or denying applications for status and relief under the US Immigration and Nationality laws. It’s important that you know that the USCIS has become an extremely efficient branch. I know it’s hard to believe, but they have done wonders with respect to getting more efficient, faster, and friendlier for a huge bureaucracy, I think they deserve a lot credit for the progress they’ve made.

You should know, however, that they are not necessarily there to help you and approve you and send you on your merry way. The important thing you understand is that they have a a job to do and that job does not always run side by side with your interests and what your objectives are in terms of getting, keeping, or regaining immigration status that you’re looking to achieve. And that’s where an Immigration Attorney comes in.
Not just “handy” to have, but very essential.

So, it’s important that you not take any chances and consult an Immigration Specialist. Someone who is familiar with the immigration laws, the cases, the statutes, the regulations, even the procedural protocols. For example, I practice in Southern California – San Diego USCIS officers protocol is somewhat different than those in Los Angeles, and they are different from those in San Bernardino, and so on, and so forth. San Francisco is different from all of them.

It is important to get an attorney who is familiar with the locality and the regional differences and the particular requirements that each jurisdiction has, with respect to the fillings, the documents,the procedures, the time frames, and even the dress codes for that matter! You may not need to dress too formally for a certain appearances in a certain jurisdictions. But in other places I might advice you to wear a suit coat without a tie and make sure your appearances pretty well-groomed, because I am familiar with the differences of these offices and jurisdictions.

It is important also for you to know that if you go to the USCIS for information, they are not always able or in the proper frame of mind to give you the information that’s accurate and what you’re looking for. It’s not that they’re necessarily out to deceive you or harm you, but you may just get someone that doesn’t know the law like an experienced immigration attorney does.

I do not recommend getting advice from anyone but a license attorney. For example, If you go to what’s called an “infopass” appointment with USCIS, and you go without an attorney, you most likely will not get very complete answers, and you’ll walk away having wasted of your time. If an immigration attorney goes for you, then they can guarantee you that you’re going to get useful information, because they know how to extract the information from the agencies.

The forms, also, are more complicated than ever. And if you end up checking the wrong box or submitting the wrong form, or fail to submit a required form”you’re in for a delay, and probably an emotionally draining and financially costly one as well.

An immigration attorney knows how to prepare this paperwork so that you achieve your goals, and I certainly recommend that you consult an Immigration lawyer who specializes and focuses exclusively in this area. I suppose going to your family wills and trusts attorney for immigration help would be like going to your family general practitioner for brain surgery.

It is very important that you take the extra time and care for yourself and your family to see someone who is an expert in immigration law.

Hopefully this is been helpful, and remember: know you rights before you undertake something as important as immigration law.

Essential details for your immigration attorney

While consulting with your attorney about your immigration gives him every types of information required. Know what the types of information you should inform him are given below:

Provide basic information: Confirm that your attorney has precise, current basic information on you. This includes your email addresses, telephone numbers and mailing addresses. If you do not keep your information updated, you may miss-out important message from USCIS and your Immigration attorney.

Tell him your immigration history: Your immigration attorney should know if you have ever filed any appeals with USCIS in the past. Confirm that your attorney is acquainted with what your filed and when you did. For example, if you never make him or her aware that you previously filed for two k-1 visa, your Immigration attorney cannot accurately tell you about the waiver that you need or to file an I-130 as an alternative. And if you are an established citizen in New Jersey, your New Jersey immigration attorney should know the way you got your immigration like through marriage, family, work, etc. These answers might affect your aptitude to file for immigration benefits.

Let your attorney know your criminal history: Some type of visas requires waivers if the if you have any criminal history. This includes felonies and misdemeanors. You should disclose this information to make sure that it will not be a ground for refutation of your petition.

Disclose your annual earnings: Your Immigration attorney should know how much money you earn and how many person you intend to appeal for. These issues unswervingly have an effect on your capacity to sponsor immigrants.

Disclose the intending immigrant’s immigration history: You need to inform your immigration lawyer when, and how the recipient has ever gone into the US. You also must tell the attorney if the recipient has ever been deprived of a visa, sanctuary, or any other US immigration benefits. If you have been failure to reveal these items might result in a refutation because your attorney did not arranged the right waivers. Not only that you should inform about your beneficiary, who had severe illness, as a waiver may be available for this.

Well if you think that your attorney is not willing to listen all those and behaving unprofessionally you may also make complain against him or her. You may also check with your state’s attorney registration & disciplinary authorities to know about its procedures to register a complaint against an attorney. And also visit some trusted lawyer directory to find an attorney qualified.