Green Card & Visa News » Immigrant Petition http://greencardandvisanews.com News regarding Immigration Fri, 10 Feb 2012 08:47:34 +0000 en hourly 1 http://wordpress.org/?v=3.3 USCIS proposes rule to process EB-5 immigrant petitions filed between 1995 and 1998 http://greencardandvisanews.com/uscis-proposes-rule-to-process-eb-5-immigrant-petitions-filed-between-1995-and-1998 http://greencardandvisanews.com/uscis-proposes-rule-to-process-eb-5-immigrant-petitions-filed-between-1995-and-1998#comments Thu, 29 Sep 2011 04:25:00 +0000 Tushar Mathur http://greencardandvisanews.com/?guid=934265bd45582cd35ef6e4a13c8d1a67 On Sept. 27, 2011, the USCIS announced that it has published a new rule for the processing of certain applications approved between 1995 and 1998 by foreign investors under the fifth preference employment-based immigrant visa classification (EB-5).  The authority of the rule comes from the 21st Century Department of Justice Appropriations Authorization Act.

The new rule applies to approximately 580 principal immigrant investors who had their Immigrant Petition by Alien Entrepreneur (I-526) approved between Jan. 1, 1995, and Aug. 31, 1998.  Their dependents are also covered.

In addition to an approved I-526 petition, these applicants must have also met the following condition prior to Nov. 2, 2002:  Either filed a Form I-485 to attempt to adjust their status, or a Form I-829 to seek to remove their conditional permanent residence status obtained as an alien entrepreneur.
The proposed rule, if adopted, would provide an additional two-year period of time for these immigrant investors to meet the EB-5 investment and job-creation requirements.  Other Eb-5 applicants would not be affected by this new rule.   The public has 60 days to submit comments on this proposal.  The new rule is accessible at www.regulations.gov.



]]> http://greencardandvisanews.com/uscis-proposes-rule-to-process-eb-5-immigrant-petitions-filed-between-1995-and-1998/feed 0 How to Get Your Spouse to the US? http://greencardandvisanews.com/how-to-get-your-spouse-to-the-us http://greencardandvisanews.com/how-to-get-your-spouse-to-the-us#comments Tue, 29 Sep 2009 17:20:03 +0000 Tushar Mathur http://greencardandvisanews.com/?p=27

For people who are already a citizen in the United States, for them there are primarily 2 ways to get their spouses to the United States to live with them.

The first one would be to file an immigrant petition filing for an alien relative. This is done using the immigration petition form I-130. The next step up on the receipt of the approval on the petition filed, you would be required to visit the United States consulate in your home country and get the physical immigrant visa. The third step would be to file for your Employment Authorization Card (EAD). The fourth step would be to file for your SSN or the social security number; this is done at the social security office. This concludes the required step for the first option.

The other option would be using the Non immigrant visa for your spouse. This visa is also known as the K3 visa. This K3 visa is sort of a temporary provision for the spouses to come over to the United States and stay together on a temporary basis. While the formalities for the formal spouse immigration is still pending. There are some specifications that needs to be taken care of for the K3 visa.

The application for the K3 visa needs to be filed in the country where the actual marriage took place. It is important that the said K3 visa has to be issued from the same country where the marriage had actually taken place. Once this visa issuance is complete then the spouse can travel to the United States and wait for the time period that would be required for the, actual immigration visa paperwork to be complete.

The filing for the said visa can be done in the nearest US consulate and in case there are children staying with the spouse, as a result of the marriage such children may apply for a K4 visa. Point to be noted here is that such children should essentially be below the age of 21.

Once the spouse has traveled to the United States on such a visa, then in the States they would have to file for the Adjustment of Status (AOS) this is done by filing the form I-485.

The next most important thing would be getting the eligibility for a job thus the next logical step would be filing for the employment authorization card or the EAD.

Once that is done then is the turn for the SSN. The spouse would be required to visit the social security office, and file for the social security number there.

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