Accompanying relatives are your spouses and children under the age of 21. They would get a greencard automatically when you get one so long as they can prove their relationship to you.
Brothers and sisters are not accompanying relatives.
Preference Relatives are a category of relatives on whose behalf a U.S. citizen or greencard holder can petition for a family based greencard. There are 4 basic preference groups. There are the 1st, 2nd, 3rd, and 4th preference. It is a hierachy of preference. The higher the preference the shorter the wait for a greencard. Preference relatives are usu. husbands, wives, children, (adoptive children maybe not) brothers, sisters. Cousins would not qualify as preference relatives. Neither would uncles. Neither would parents or grandparents.
Immediate Relatives are those relatives who can obtain a greencard through a U.S. citizne or greencard holder due to their familial relationship as an "immediate" family member. This group includes spouses (including widowers and widows if the death occurred within 2 years of the application) children under 21 with a U.S. Citizen parent, parents of U.S. citizens if citizen is over 21, step-parents and step children if marriage took place before the child's 18th birthday. Cousins, grandparents, uncles etc. would not qualify as an immediate relative.
***SPOUSES AND CHILDREN UNDER 21 YEARS OF AGE WOULD BE ACCOMPANYING, PREFERENCE AND IMMEDIATE RELATIVES.
Wednesday
Preference Relatives for Greencard--Four categories
Who is a preference relative?
Family First preference
People in the family first preference are those who are unmarried and have a U.S. citizen parent. IT doesnn't matter how old you are.
Family Second preference
People in the family second preference are those who are spouses and children of greencard holders. Children in this category are 21 years or younger. (2A)
People in this group are also unmarried children of greencard holders who are 21 or older. (2b)
Family Third Preference
People in this category are married and have at least one U.S. citizen parent.
Family Fourth preference
People in this category are siblings of U.S. citizens (U.S. citizen must be at least 21 years old).
**ONLY PREFERENCE RELATIVES CAN BRING ACCOMPANYING RELATIVES. ACCOMPANYING RELATIVES GET A GREEN CARD AUTOMATICALLY WHEN A PREFERENCE RELATIVE GETS ONE. ACCOMPANYING RELATIVES ARE USUALLY YOUR SPOUSE AND CHILDREN UNDER THE AGE OF 21.
Family First preference
People in the family first preference are those who are unmarried and have a U.S. citizen parent. IT doesnn't matter how old you are.
Family Second preference
People in the family second preference are those who are spouses and children of greencard holders. Children in this category are 21 years or younger. (2A)
People in this group are also unmarried children of greencard holders who are 21 or older. (2b)
Family Third Preference
People in this category are married and have at least one U.S. citizen parent.
Family Fourth preference
People in this category are siblings of U.S. citizens (U.S. citizen must be at least 21 years old).
**ONLY PREFERENCE RELATIVES CAN BRING ACCOMPANYING RELATIVES. ACCOMPANYING RELATIVES GET A GREEN CARD AUTOMATICALLY WHEN A PREFERENCE RELATIVE GETS ONE. ACCOMPANYING RELATIVES ARE USUALLY YOUR SPOUSE AND CHILDREN UNDER THE AGE OF 21.
Family Based Greencards
You can get a family based green card so long as you are an immediate relative of a U.S. citizen. Who is an immediate relative? Husband/wife, (even if deceased but the death must not have occurred more than 2 years prior); unmarried children under the age of 21 who has at least one parent who is a U.S. citizen or greencard holder; parents of a U.S. citizen child over 21; step parents if the marriage occured prior to the 18th birthday of the petitioning child.
You can get a family based green card if you are a "preference relative" of a U.S. citizen or a greencard holder. Who is a preference relative? There are four categories.
Family First Preference
Family Second Preference
Family Third preference
Family fourth preference.
You can also get a greencard if you are an accompanying relative of someone in a preference category.
So in short, there are three ways by which to qualify for a family based greencard.
You can get a family based green card if you are a "preference relative" of a U.S. citizen or a greencard holder. Who is a preference relative? There are four categories.
Family First Preference
Family Second Preference
Family Third preference
Family fourth preference.
You can also get a greencard if you are an accompanying relative of someone in a preference category.
So in short, there are three ways by which to qualify for a family based greencard.
Sunday
H-1B Visa application--What you need in your file to show the consulate/port officials
1) You need your visa application fee
2) A valid passport
3) If you are accompanied by relatives they need a valid passport too.
4) A passport photo for you and the accompanying relatives with you
5) Visa issuance fee (for some countries)
6) Marriage and birth certificates for your spouse and family
7) Notice of approval of your H-1B petition
8) Form DS-156, Nonimmigrant Visa Application
9) Form DS-157 (to be filled out by males between the ages of 16 and 45)
2) A valid passport
3) If you are accompanied by relatives they need a valid passport too.
4) A passport photo for you and the accompanying relatives with you
5) Visa issuance fee (for some countries)
6) Marriage and birth certificates for your spouse and family
7) Notice of approval of your H-1B petition
8) Form DS-156, Nonimmigrant Visa Application
9) Form DS-157 (to be filled out by males between the ages of 16 and 45)
Applying for an H-IB Visa at a Consulate outside your Home country
You can basically apply for an H-IB visa anywhere at any consulate. But you probably will have better luck in your own country or consulate since "'consulate shopping' is viewed with suspicion and is frowned upon." However, if you have ever overstayed your visa by even one day in the U.S. you must apply for your H-1B visa in your own consulate. And you may not get one for the simple reason that overstaying your visa even for a day could subject you to a 3 or 10 year bar. If you were present in the U.S. with a student visa, then you may be able to get around the general rule since that is not treated as harshly as other types of situations. So if when you entered the U.S. your passport was stamped with a D/S on your I-94 card, then you may be able to apply for an H-IB visa anywhere, including in the U.S.
H-1b Visas--where to mail the petition
Your employer must mail TWO ORIGINAL COPIES (duplicates will not be accepted) to the USCIS service center having jurisdiction over your emplyer's business. There are only 4 such centers in the United States. You must see http://www.uscis.gov/ for the addresses and p.o. box numbers for these service centers.
After the USCIS receives the petition, they will issue you a file number and send written confirmation that the papers have been received to your employer. Expect your visa's approval within three to six months. But you can get expedited service if you pay an extra $1,000.00 above the usual filing fee. This gets you a decision in about 15 days or so. The USCIs will send your employer a Form I-797 Notice of Action.
You can now make an appointment with the consulate in your country for an interview (both you and your family will be interviewed by the consulate.) (Skip this step if you are Mexican or Canadian. You can just proceed with yoru I-797B and other supporting documents and request admission at the port.)
But for the rest of you, you have until the expiration date on your H-IB visa to enter the United States and request your visa stamp once you have been interviewed by the consulate in your home country. The border officer will examine your paperwork and if all is in order will stamp your passport with the Visa and give you an I-94 Card.
After the USCIS receives the petition, they will issue you a file number and send written confirmation that the papers have been received to your employer. Expect your visa's approval within three to six months. But you can get expedited service if you pay an extra $1,000.00 above the usual filing fee. This gets you a decision in about 15 days or so. The USCIs will send your employer a Form I-797 Notice of Action.
You can now make an appointment with the consulate in your country for an interview (both you and your family will be interviewed by the consulate.) (Skip this step if you are Mexican or Canadian. You can just proceed with yoru I-797B and other supporting documents and request admission at the port.)
But for the rest of you, you have until the expiration date on your H-IB visa to enter the United States and request your visa stamp once you have been interviewed by the consulate in your home country. The border officer will examine your paperwork and if all is in order will stamp your passport with the Visa and give you an I-94 Card.
Friday
How to apply for an H-1B Visa
First, you must find an employer willing to sponsor you.
Second, the employer has to fill out an LCA with the Department of Labor: An LCA is a Labor Condition Attestation. This can be submitted up to 6 months prior to your start date. An LCA is like an affidavit. It must describe the job, state the number of foreign workers needed for the job, state the wages you will be paid, what the prevailing wage is for the job (prevailing wage is roughly 5% below the weighted average salary), a written promise that the employer will pay the foreign worker 100% or more the prevailing wage with the same benefits, a statement attesting to the fact that the employer isn't filling spots due to strikes, work stoppages or lockouts, and a statement thta the employer has given the all labor unions notice of the employer's filing of the LCA. If no union exist, the employer has to post the notice of filing in two locations which are conspicuous at work site for 10 days.
Third, Employer must then file a petition on form I-129.
Fourth, the non-immigrant must file an application to the USCIS
Last, upon receipt of the visa, the non-immigrant should come to the U.S. and claim the H-1B status given.
Second, the employer has to fill out an LCA with the Department of Labor: An LCA is a Labor Condition Attestation. This can be submitted up to 6 months prior to your start date. An LCA is like an affidavit. It must describe the job, state the number of foreign workers needed for the job, state the wages you will be paid, what the prevailing wage is for the job (prevailing wage is roughly 5% below the weighted average salary), a written promise that the employer will pay the foreign worker 100% or more the prevailing wage with the same benefits, a statement attesting to the fact that the employer isn't filling spots due to strikes, work stoppages or lockouts, and a statement thta the employer has given the all labor unions notice of the employer's filing of the LCA. If no union exist, the employer has to post the notice of filing in two locations which are conspicuous at work site for 10 days.
Third, Employer must then file a petition on form I-129.
Fourth, the non-immigrant must file an application to the USCIS
Last, upon receipt of the visa, the non-immigrant should come to the U.S. and claim the H-1B status given.
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