Green Card & Visa News » Green Card

U Visa – An important tool for crime victims to obtain legal status

Tushar Mathur — Fri, 06 Jan 2012 15:04:00 +0000

Many immigrants in the United States are hesitant to approach police and other law enforcement officers when they become crime victims. For people who are in the U.S. without legal status, they try to avoid contacts with police officers for fear that their illegal status may be exposed. Even legal immigrants are sometimes afraid to approach police in the U.S. because of cultural differences and language barriers. Most of them do not know that there exists a special visa designed for victims of certain crimes called the U visa. The purpose of the U visa is to provide eligible victims of crimes with temporary nonimmigrant status so that they may assist law enforcement agencies in criminal investigations and prosecutions.

Congress created the U visa in The Victims of Trafficking and Violence Prevention Act (VTVPA) of 2000 to encourage victims to report crimes and help law enforcement officials to investigate and prosecute criminal activities regardless of the victims’ immigration status. Women and children are especially vulnerable to certain crimes such as human trafficking, sexual assault and domestic violence. If a U visa petition is approved, the petitioner receives nonimmigrant status to live and work in the United States for up to four years. Subsequently, qualified recipients may apply to adjust status to become a lawful permanent resident (green card) after three years of continuous presence in the U.S. as a U visa holder. There are other eligibility requirements for a green card as well, including the ongoing duty to cooperate with law enforcement in the investigation or prosecution of the qualifying crime. Additionally, other immediate family members of U visa recipients may also be eligible to live and work in the United States as derivative U visa recipients. These family members include: Unmarried children under the age of 21 of principal U visa recipients; Spouses of principal U visa recipients; Parents of principal U visa recipients under age 21; and Unmarried siblings under 18 years old of principal U visa recipients under age 21.

To apply for a U visa, one must file the USCIS Form I-918, Petition for U Nonimmigrant Status (Form I-918), and submit it to U.S. Citizenship and Immigration Services (USCIS) with all relevant documentation, including Form I-918B, the U visa law enforcement certification. The Form I-918B is a requirement for the U visa and must be certified by a qualified law enforcement agency including a federal, state, local law enforcement agency, prosecutor, judge, or other authority that has the responsibility for the investigation or prosecution of a qualifying crime. Essentially, the law enforcement agency must certify that the petitioner was a victim of a qualifying crime, has specific knowledge and details of crime, has been, is being, or is likely to be helpful to law enforcement in the detection, investigation, or prosecution of the qualifying crime. Qualifying crimes includes qualify for the U visa including murder, robbery, abduction, rape, sexual assault, kidnaping, incest, perjury, prostitution, obstruction of justice, etc.

The U visa is an extremely important incentive for victims of crimes to come forward to testify against the perpetrators. Because of the complexity of U visa petitions, applicants should seek assistance from a legal representative or victim advocate. It is important to know that certification by a law enforcement agency does not guarantee approval of a U visa. The USCIS must determine if other requirements of the U visa are met including whether the applicant has suffered substantial physical or mental abuse as a result of the subject criminal activity. However for victims of serious crimes without legal status especially women and children, the U visa may be their only hope to fight back.

Chennai will no longer process Immigrant Visa petitions as of January 1, 2012.

Tushar Mathur — Fri, 06 Jan 2012 15:01:00 +0000

“Important Announcement: The U.S. Consulate General in Chennai will no longer process Immigrant Visa petitions as of January 1, 2012. The U.S. Consulate General in Chennai will no longer process Immigrant Visa petitions as of January 1, 2012. The U.S. Embassy in New Delhi and U.S. Consulate in Mumbai will become the only acceptance centers in India for Immigrant Visas.
The Immigrant Visa allows an individual to live and work in the United States on a permanent basis, as well as provides the immigrant the opportunity to work towards U.S. citizenship.
Examples of Immigrant Visa based petitions are those that work toward family reunification of parents, children and siblings. These petitions also include Fiancée and the unique employer category, where one’s employer can petition for the individual and their dependents to immigrate to the United States. This change affects only the locations for processing of Immigrant Visas; it does not change the law or policy for visa processing. Applicants currently in the process of petitioning for an Immigrant Visa may contact ChennaiIVU@state.gov for clarification.”

Source: The U.S. Consulate General in Chennai

Important issues about the filing of I-485 adjustment application

Tushar Mathur — Sat, 24 Dec 2011 00:16:00 +0000

The cutoff dates for employment based 2^nd preference immigrant visa for China and India have advanced significantly for the past three months. Since November 2011, the cutoff dates have leaped forwarded by more than 17 months to January 1, 2009. The rapid advancement means that many EB-2 professionals and advance degree holders are able to submit their I-485 application to adjust status to that of legal resident of the United States. Simultaneously the applicant may also apply for a general employment authorization document (EAD) and a travel document. Upon approval of the I-485 application, the applicant will receive her permanent resident card (or green card). There are some important issues related to this last step of the immigration process.

First and foremost, an applicant must ensure that she is not subject to any grounds of inadmissibility that would cause the denial of her green card. The U.S. immigration laws specify certain classes of individuals who are not allowed to immigrate to the U.S. For example, foreigners who have a communicable disease are not eligible to enter the U.S. Similarly, individuals who have serious physical or mental disorder which may pose danger to others are also excluded from admission. Persons who have been convicted for “crimes involving turpitude” are usually not allowed for admission. There are some waivers and narrow exceptions to some of these grounds of exclusions but serious criminal offenders are most certainly not eligible for these exceptions. If a person is found not eligible for a green card, she may also be placed in removal proceedings by the Department of Homeland Security. Hence it is important to evaluate one’s background before applying for permanent resident status.

Extensive documentation is required to support an I-485 adjustment application including one’s immigration background documents, employment related documents, tax and financial documents, medical health report, and all the required application forms. The fingerprints of the applicant will be taken and a thorough background check will be conducted by FBI. The sponsoring employer must also provide evidence that it will permanent employment to the applicant.

Another common issue of I-485 applicants is lapses in status in the past because of lay-offs and other reasons which resulted in their violations of nonimmigrant status. A H-1B employee might have been “benched” by an employer in tough economic times; an F-1 student could have been failed to maintain a full-time course load due to financial or health reasons; etc. Certainly applicants such as J-1 exchange visitors might also need a waiver for his foreign residence requirement. Again, careful planning and analysis is required for applicants with specific status problems.

Foreign spouses and children of I-485 applicants are also eligible to apply for permanent resident status as derivative applicants. Hence, if an applicant has plans to get married, he may want to adjust his plans in such a way that his future spouse would be able to adjust status as well. However, sufficient evidence should be presented to prove that the marriage is not one of convenience. The Department of Homeland Security will scrutinize new marriages carefully to ascertain that no elements of fraud are involved.

The medical examination required for immigration can also be an issue for some applicants. For example, many applicants from Asian countries initially test positive for TB (pulmonary tuberculosis), which is a contagious bacterial infection, although they have not been infected with the bacteria. The false positive result could have been caused by previous vaccinations that they received in Asia. Applicants must work closely with their attorney and physician to use further tests to confirm that they are not contagious. Otherwise, they would not be eligible to receive a green card.

When is a Lawful Permanent Resident considered seeking admission to the United States?

Tushar Mathur — Mon, 24 Oct 2011 05:21:00 +0000

The United States immigration laws confer certain rights and privileges to a person who has been granted Lawful Permanent Resident (LPR) status by the government. These individuals, commonly known as green card holders, are authorized to work and live in the United States indefinitely. Legal residents are also allowed to return to the United States after international travel. Nonresidents, on the other hand, are considered applicants for admission and must establish that they are admissible to the United States in order to enter.

Sec. 101(a)(13)(C) of the Immigration and Nationality Act provides that a returning LPR should not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the legal resident (i) has abandoned or relinquished that status, (ii) has been absent from the United States for a continuous period in excess of 180 days, (iii) has engaged in illegal activity after having departed the United States, (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings and extradition proceedings, (v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or (vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

If either one of the six conditions apply, the returning green card holder is considered an applicant for admission and will be subject to less legal protection that he or she normally enjoys as a legal resident. A LPR is like a person who is returning home with a key (his green card) while an applicant for admission is like a visitor asking for permission to enter another person’s house. A visitor seeking admission but not a legal resident is subject to all the grounds of inadmissibility contained in the immigration statutes. When a legal resident is placed in removal proceedings, the government must first prove by clear, unequivocal, and convincing evidence that the grounds and basis for deportation are true before the person may be removed from the United States. The burden of proof is on the government to prove that the person is deportable. Similarly, to treat a returning resident as seeking admission to the United States, the Department of Homeland Security bears the burden of proving by clear and convincing evidence that a returning lawful permanent resident falls under one of the above six categories of individuals.

For example, in a recent Board of Immigration Appeal (BIA) case, Matter of Benno Rivens, decided October 19, 2011, the Board remanded the case to the Immigration Judge to analyze if the offenses committed by the respondent – a green card holder – constitute a crime involving turpitude (CIMT). (This falls under condition v above.) If the DHS meets its burden by proving by clear and convincing evidence that the respondent had committed a CIMT, then he would be treated as an applicant for admission. Further, since convictions of CIMTs are also grounds of inadmissibility, he would also not be allowed to be admitted to the United States and, consequently, he would lose his green card. On the other hand, if the government fails to meet it burden of proof, the respondent would be allowed to return to the United States as a lawful permanent resident.

Hence, before a legal resident travels outside of the United States, it is very important for him to determine whether or not he will be regarded as a returning resident or an applicant for admission upon his return. Sometimes, it may be wise for a legal resident not to depart the United States at all.

DV-2012 Diversity Visa Lottery Results

Tushar Mathur — Tue, 16 Aug 2011 19:30:00 +0000

The Kentucky Consular Center of the State Department has once again released the results of the DV-2012 diversity lottery. The winners have been registered and notified by mail. They may apply for an immigrant visa or adjustment of status (if they are in the U.S.) between the months of October 2011 and September 2012.

This year there were a total of 14,768,658 applicants (19,672,268 if dependents are counted) who entered the lottery drawing during the 30-day application window of October 5, 2010 – November 3, 2010.

Applicants should note that only the selected applicants (“winners”) were notified by mail. If you have not been notified by the State Department, it means that you have not been selected. Be warned of many scams out there who would send you false winning notifications and demand fees and payments from applicants.

The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2012 program:

AFRICA
ALGERIA 1,799 ANGOLA 42 BENIN 511 BOTSWANA 7 BURKINA FASO 226 BURUNDI 56 CAMEROON 3,374 CAPE VERDE 9 CENTRAL AFRICAN REP. 3 CHAD 33 COMOROS 9 CONGO 105 CONGO, DEMOCRATIC REPUBLIC OF THE 3,445 COTE D’IVOIRE 553 DJIBOUTI 38 EGYPT 4,664 EQUATORIAL GUINEA 4 ERITREA 670	ETHIOPIA 4,902 GABON 48 GAMBIA, THE 113 GHANA 5,832 GUINEA 899 GUINEA-BISSAU 3 KENYA 4,720 LESOTHO 8 LIBERIA 2,101 LIBYA 136 MADAGASCAR 17 MALAWI 16 MALI 76 MAURITANIA 29 MAURITIUS 59 MOROCCO 1,890 MOZAMBIQUE 13 NAMIBIA 10 NIGER 32	NIGERIA 6,024 RWANDA 333 SAO TOME AND PRINCIPE 0 SENEGAL 270 SEYCHELLES 6 SIERRA LEONE 3,397 SOMALIA 175 SOUTH AFRICA 833 SUDAN 757 SWAZILAND 0 TANZANIA 175 TOGO 845 TUNISIA 113 UGANDA 418 ZAMBIA 79 ZIMBABWE 123

ASIA
AFGHANISTAN 109 BAHRAIN 29 BANGLADESH 2,373 BHUTAN 5 BRUNEI 0 BURMA 370 CAMBODIA 596 HONG KONG SPECIAL ADMIN. REGION 54 INDONESIA 256 IRAN 4,453	IRAQ 153 ISRAEL 175 JAPAN 435 JORDAN 152 NORTH KOREA 0 KUWAIT 108 LAOS 1 LEBANON 274 MALAYSIA 118 MALDIVES 0 MONGOLIA 209	NEPAL 3,258 OMAN 11 QATAR 19 SAUDI ARABIA 217 SINGAPORE 45 SRI LANKA 708 SYRIA 160 TAIWAN 391 THAILAND 73 TIMOR-LESTE 9 UNITED ARAB EMIRATES 92 YEMEN 149

EUROPE
ALBANIA 1,508 ANDORRA 1 ARMENIA 998 AUSTRIA 130 AZERBAIJAN 304 BELARUS 493 BELGIUM 105 BOSNIA & HERZEGOVINA 83 BULGARIA 883 CROATIA 107 CYPRUS 26 CZECH REPUBLIC 104 DENMARK 73 ESTONIA 49 FINLAND 91 FRANCE 574 French Polynesia 7 New Caledonia 1 GEORGIA 620 GERMANY 1,709 GREECE 105	HUNGARY 325 ICELAND 56 IRELAND 213 ITALY 529 KAZAKHSTAN 434 KOSOVO 137 KYRGYZSTAN 321 LATVIA 83 LIECHTENSTEIN 0 LITHUANIA 258 LUXEMBOURG 8 MACEDONIA 160 MALTA 20 MOLDOVA 1,238 MONACO 3 MONTENEGRO 18 NETHERLANDS 149 Aruba 4 Curacao 19 St. Maarten 2 NORTHERN IRELAND 59	NORWAY 84 PORTUGAL 66 Macau 19 ROMANIA 1,327 RUSSIA 2,353 SAN MARINO 1 SERBIA 298 SLOVAKIA 80 SLOVENIA 16 SPAIN 232 SWEDEN 200 SWITZERLAND 229 TAJIKISTAN 270 TURKEY 3,077 TURKMENISTAN 143 UKRAINE 5,799 UZBEKISTAN 4,800 VATICAN CITY 0

NORTH AMERICA
BAHAMAS, THE 15

OCEANIA
AUSTRALIA 900 Christmas Islands 3 Cocos Islands 1 FIJI 628 KIRIBATI 14 MARSHALL ISLANDS 4 MICRONESIA, FEDERATED STATES OF 2	NAURU 5 NEW ZEALAND 309 Cook Islands 6 Niue 14 PALAU 5 PAPUA NEW GUINEA 0 SAMOA 0 SOLOMON ISLANDS 0	TONGA 93 TUVALU 0 VANUATU 8 WESTERN SAMOA 9

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
ANTIGUA AND BARBUDA 9 ARGENTINA 101 BARBADOS 25 BELIZE 9 BOLIVIA 84 CHILE 43 COSTA RICA 43 CUBA 292	DOMINICA 18 GRENADA 24 GUYANA 26 HONDURAS 80 NICARAGUA 49 PANAMA 21 PARAGUAY 17 SAINT KITTS AND NEVIS 7	SAINT LUCIA 4 SAINT VINCENT AND THE GRENADINES 16 SURINAME 15 TRINIDAD AND TOBAGO 175 URUGUAY 19 VENEZUELA 925

Natives of the following countries were not eligible to participate in DV-2012: Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R. and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
(Source: U.S. State Department Visa Bulletin – September 2011)

Diversity Visa ("Visa Lottery) still available for most countries; deadline is 09/31/2011

Tushar Mathur — Tue, 16 Aug 2011 19:09:00 +0000

The Diversity Visa Program runs on a fiscal year schedule. For DV-2011, September will be the last month for selected applicants to apply for their immigrant visa or adjustment of status. Diversity visas will not be issued to applicants after September 30, 2011. The Department of State reports that visa numbers are still available for most countries. Please see table below.

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	CURRENT	Except: Ethiopia 32,700
ASIA	CURRENT
EUROPE	CURRENT	Except: Uzbekistan UNAVAILABLE
NORTH AMERICA (BAHAMAS)	CURRENT
OCEANIA	CURRENT
SOUTH AMERICA, and the CARIBBEAN	CURRENT

Green Card Medical Exam Report – Validity Extended Again

Tushar Mathur — Tue, 18 Jan 2011 21:41:00 +0000

In an interim memo posted by the USCIS on 01/14/2011, USCIS announced that the policy of extending the validity period of the medical examination report (I-693) during the pendency of the I-485 green card application is extended for another year until 01/01/2012.

All green card applicants must submit a medical examination report endorsed by a designated U.S. physician. Normally, such a report is only valid for one year. However, due to the delayed adjudication of I-485 applications, USCIS extended the validity of the I-693 report until the time when the I-485 is finally adjudicated. Such a policy, which was set to expire in January, is extended again by USCIS for another year. The only exception is that if the report indicates that the applicant is suffering from Class A or Class B medical condition (e.g., contagious diseases, drug addiction, etc.)

Seattle Immigration Lawyer | The Marriage Route to Getting a Green Card

Tushar Mathur — Tue, 28 Sep 2010 02:48:00 +0000

In my last two Seattle immigration lawyer posts, I wrote about the asylum route to a green card. A more common path to obtaining a green card is through marriage to a U.S. citizen or a U.S. green card holder (officially called a lawful permanent resident, which is known in immigration lingo as an “LPR”). What follows is only a brief overview of the process but it should provide a taste of what to expect. (You should of course consult with an immigration lawyer regarding your specific situation.) You will see that it is much easier, and, more importantly, much faster, if the petitioning spouse is a U.S. citizen. This is because there is no waiting period for immediate relatives of U.S. citizens (which include spouses, parents, and unmarried children under 21).

Before I run through a few scenarios to describe the process, you should know that some immigrants are simply not eligible for adjustment of status (becoming a permanent residence). In a future article, I will discuss some of the grounds for inadmissibility and whether waivers exist for them. For now, readers should be aware that there are a plethora of these grounds, some obvious, such as if your last entry to the U.S. was illegal, and others less obvious, and you will want to figure out if one applies to you. If one does, you’ll definitely want to consult with an experienced immigration attorney about your particular case.

Regardless of your situation, the U.S. citizen or LPR spouse will need to prepare the visa petition. This includes: the Form I-130, Petition for Alien Relative; Form G-325A, Biographic Information (one form for each spouse); photos of the petitioner (U.S. citizen or LPR) and beneficiary (immigrant); proof that petitioner is U.S. citizen or LPR; proof of a valid marriage, including a marriage certificate, and if there’s a previous marriage for either spouse proof that it was terminated; and filing fee of $355.

Living In U.S. & Married to U.S. Citizen

Now, in the case of an immigrant already living in the U.S. and married to a U.S. citizen, the U.S. citizen, as in all of these cases, starts the ball rolling. In this situation, the U.S. citizen submits the visa petition (see I-130 and other documents above) simultaneously with the immigrant spouse’s permanent resident application (Form I-485). Note that I-485 is filed at a different location than the I-130, so read the instructions! (Reading the instructions for any immigration form is a must, along with making sure that you have the most up to date version.) The I-485 will include, among other documentation, a medical report and an affidavit of support (Form I-864).

Once USCIS receives the I-130 and I-485, the immigrant will receive a fingerprint appointment notice, and then an interview appointment notice. Since both the U.S. citizen and immigrant spouse are in the U.S. in this scenario, both must be at the interview. The key issue at the interview is proving that the marriage is not a sham. The intricacies of proving a bona fide marriage will be the subject of a future article. Hopefully, the application for permanent residence will be granted at the interview. (Note that a conditional residence will be granted if the marriage has been for less than 2 years by the time the interview occurs.)

Stay tuned for my next article that will cover how to get a green card for an immigrant living abroad who is married to a U.S. citizen.

Destination America!

Tushar Mathur — Sat, 12 Jun 2010 13:02:15 +0000

It is not just naturalized American citizens who have the American dream. Many foreign nationals too seek to find opportunities in America in order to build a better future for them and their families. Many Indians have the same mindset as those of their countrymen – America is the land of plenty. Destination set, it is just left to the simple matter of obtaining the legal right to remain in the country. In other words, getting a green card or the process of being a permanent resident in America.

A common way to apply for a green card is through family based immigration i.e. you are sponsored by a family member who is already a resident of the United States. Of course, your family member would have to show that you are closely related via documentation like birth certificates. Your sponsor must also be a willing participant in your immigration effort and to proof this, he has to fill up an I-130 form. An immigration visa number will then be assigned to you and you would have to wait for your number to be called up before taking the next step.

Once your immigration visa number is ready, you must then adjust your status to that of permanent resident before going into the United States. You can use form I-485 to adjust your status whereupon background checks will then be done on you. Once the results of the background check are out, the USCIS will then make a decision about your application. If you are already in the country at the time of your application, you might be called for an interview with the officers at USCIS who will then decide to approve or revoke your application. If approved, you – the alien – will then be considered a Lawful Permanent Resident and you will then receive your green card.

The Green Card Process

Tushar Mathur — Tue, 01 Jun 2010 05:12:52 +0000

To draw the world’s ” brightest and the most excellent”, the Democratic Senators planned instant Green Cards for foreign people with higher degrees from American colleges and institutes and job offers. This is very good news for Indians as there is a large number of students going to the US every year.

In order to achieve this goal, a Green Card or a permanent residency will be right away available to any foreign student having an advanced degree from any U.S. college/institute of higher education. Vocational student are mostly in a field of technology, science, industrial, or mathematics. India has the most number of students in these fields. They have an offer of service from a U.S. employer in a field associated to their degree after they graduate.

There is a lot of foreign immigration which are illegal although they are highly motivated and experienced worker. They are asset to the American company. The new regulation proposes to limit the present family-based immigration system that a lot of Indians prefer to join their families who live and has an occupation in the US. Simultaneously, they have planning to tighten of rules for H1B and L1 visas, which are the two most well-liked among Indian skill professionals.

Skilled labour is a must for expansion of any country. India has a lot of skilled workers. Most people want to stay in US because of superior opportunities and extra income. For the permanent settlement for Indians in US, there is a need to get a permanent ticket to be in US permanently. This ticket is known as green card. They are recognized by the employers in US.

President Barack Obama has also called for a complete immigration modification and recognized this as one of his top priorities to the country benefits. This is to prevent the loss of American jobs to illegal foreign labour workers.