IMMIGRATION LAW by Marion T.D. Lewis, Esq.

Greencards--Accompanying relatives vs. preference relatives vs immediate relatives

2007-07-25T10:46:00.000-04:00

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.

Preference Relatives for Greencard--Four categories

2007-07-25T10:33:00.000-04:00

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 Based Greencards

2007-07-25T10:13:00.000-04:00

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.

H-1B Visa application--What you need in your file to show the consulate/port officials

2007-07-22T18:00:00.000-04:00

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)

Applying for an H-IB Visa at a Consulate outside your Home country

2007-07-22T17:40:00.000-04:00

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

2007-07-22T17:19:00.000-04:00

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.

How to apply for an H-1B Visa

2007-07-20T16:37:00.000-04:00

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.

How to qualify for an H-1B Visa

2007-07-20T16:17:00.000-04:00

To qualify for an H-1B Visa you need to

1) Have a college bachelors diploma (and license if required in that field) or at least three years experience in a specialized field/occupation to which you are applying in the U.S. (preferably in a specialized field)

2) you are a distinguished fashion model recognized internationally for your work (fashion models don't need to meet the educational or experience criteria.)

3) a job offer from an employer in the U.S. paying you the same wage paid to similar workers in that geographic location or by that employer.

4) passs certifying exam (doctors only) and an English competency exam TOEFL.

5) your employer must file an attestation with the Department of Labor.

H-1B Visas--the cap on the number of visas issued each fiscal year

2007-07-19T20:22:00.000-04:00

There are only 85,000 “new” H-1B visas available per year pursuant to the USCIS. The government and consulars accept applications on April 1 (or the first business day after April 1) for work to begin on October 1. Not all cases are subject to the cap. The cap does not apply if you are getting an extension of an H-1B you already possess, or a renewal. Also, "if you are being sponsored by an institute of higher education or a non-profit research institute affiliated with an institute of higher education the cap does not apply." There is also another exemption and that is if you have had H-1B status in the past six years. If so, you are exempt from the cap if you have not left the US for more than a year since that time

NAFTA TN VISAS vs. H-1B VISAS which should you get?

2007-07-18T22:34:00.000-04:00

There are similarities and differences between the TN visas and the H-1B Visas. Overall, the TN visas offer more advantages than the H-1B visas.

· TN visas are not subject to an annual cap

· TN visas can be renewed indefinitely

· TN visas cover a broader range of professions and job descriptions

· There are no wage requirements for TN visas

· Canadian citizens can obtain a TN visa at the border, meaning there is no wait for the visa

· A TN visa can be obtained by a person who has held H-1B status for the full six years without fulfilling the requirement of spending one year outside the US, a requirement that must be complied with before obtaining other nonimmigrant work visas

However, the following must be considered before deciding on a TN visa vs. an H-1B Visa:

"Unlike H-1B visas, the TN visa is not a “dual intent” visa. That is, where a person on an H-1B visa may pursue permanent residency without having their visa revoked because they now have immigrant intent, a person on a TN visa cannot pursue permanent residency without risking their TN status.

Also, experience cannot be used as a substitute for the degree requirement

A TN visa can be denied if the Department of Labor certifies that there is a strike or other work stoppage, the resolution of which would be adversely affected by the admission of the TN nonimmigrant

TN visas provide for the admission of those who will be engaged in “activities at a professional level” in the US. “Activities at a professional level” are defined at those that require at least a bachelor’s degree or credentials and experience demonstrating that the person is a professional. Self-employment is not permissible on a TN visa, but the H-1B non-immigrant can work for a company in which they have an ownership interest, even a controlling interest."

How does a Mexican get a NAFTA TN VISA?

2007-07-18T10:26:00.000-04:00

Mexican citizens may apply at consular sections around the world for a NAFTA professional (TN) visa. To receive a TN visa, you must submit the following forms and documentation:

1. Form DS-156, Nonimmigrant Visa Application completed and signed

2. Form DS-157, Supplemental Nonimmigrant Visa Application by male applicants between 16-45 years of age

3. A passport valid for travel to the U.S. and with a validity date at least six months beyond your intended period of stay in the U.S.

4. One 2x2 photograph. (A photograph is not required if you are applying in Mexico.)

5. Your employer in the U.S. must provide a Letter of Employment in the U.S. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA

How does a Canadian get a NAFTA TN VISA?

2007-07-18T10:20:00.000-04:00

Canadian citizens are not required to obtain a visa, but instead receive TN status with the USCIS at a "Class A" port of entry or at U.S. Preflight Inspection Stations. To receive TN status, you may have to submit the following documents at the port of entry:

1. Proof that you are a Canadian citizen - Original passport or birth certificate

2. A letter from the prospective U.S. - based employer offering you a job in the U.S., which is included on the professional job series (NAFTA list)

3. College degrees and employment records establishing your qualification for the prospective job

4. Proof of a license to practice the profession if one is required in the state of intended employment

Simply present these documents at the port of entry to USCIS, the consulate or the port officer and you will be given TN status . You can renew your TN visa Indefinitely. Your children will get TD status if under 21 and can attend school in the U.S. and your spouse can work. You must be able to show that you intend to depart the U.S. upon completion of your professional activities within the U.S.

Which professions are considered NAFTA professions?

2007-07-17T23:55:00.000-04:00

NAFTA Professional Job Series List
PROFESSION MINIMUM EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS

Accountant
Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A.

Architect
Baccalaureate or Licenciatura Degree; or state/provincial license

Computer Systems Analyst
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years experience

Disaster Relief Insurance Claims Adjuster (Claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)
Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims

Economist
Baccalaureate or Licenciatura Degree

Engineer
Baccalaureate or Licenciatura Degree; or state/provincial license

Forester
Baccalaureate or Licenciatura Degree; or state/provincial license

Graphic Designer
Baccalaureate or Licenciatura Degree; or post-secondary diploma and three years experience

Hotel Manager
Baccalaureate or Licenciatura Degree in hotel/restaurant management; or post-secondary diploma or post-secondary certificate in hotel/restaurant management and three years experience in hotel/restaurant management

Industrial Designer
Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience

Interior Designer
Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience

Land Surveyor
Baccalaureate or Licenciatura Degree or state/provincial/federal license

Landscape Architect
Baccalaureate or Licenciatura Degree

Lawyer (including Notary in the province of Quebec)
L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar

Librarian
M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura degree was prerequisite)

Management Consultant
Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant , or five years experience in a field of specialty related to the consulting agreement
Mathematician (including statistician)
Baccalaureate or Licenciatura Degree

Range Manager/Range Conservationist
Baccalaureate or Licenciatura Degree

Research Assistant (working in a post-secondary educational institution)
Baccalaureate or Licenciatura Degree

Scientific Technician/ Technologist
Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research

Social Worker
Baccalaureate or Licenciatura Degree

Sylviculturist (including forestry)
Baccalaureate or Licenciatura Degree

Technical Publications Writer
Baccalaureate or Licenciatura Degree, or post-secondary diploma or post-secondary certificate, and three years experience

Urban Planner (including Geographer)
Baccalaureate or Licenciatura Degree

Vocational Counselor
Baccalaureate or Licenciatura Degree

MEDICAL/ALLIED PROFESSIONALS
Dentist
D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license

Dietitian
Baccalaureate or Licenciatura Degree; or state/provincial license

Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States)
Baccalaureate or Licenciatura Degree; or post secondary diploma or post secondary certificate, and three years experience

Nutritionist
Baccalaureate or Licenciatura Degree

Occupational Therapist
Baccalaureate or Licenciatura Degree; or state provincial license

Pharmacist
Baccalaureate or Licenciatura Degree; or state provincial license

Physician (teaching or research only)
M.D., Doctor en Medicina; or state/provincial license

Physiotherapist/Physical Therapist
Baccalaureate or Licenciatura Degree; or state/provincial license

Psychologist
State/provincial license; or Licenciatura degree

Recreational Therapist
Baccalaureate or Licenciatura Degree

Registered Nurse
State/provincial license or Licenciatura degree

Veterinarian
D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license

SCIENTIST

Agricultural (Agronomist)
Baccalaureate or Licenciatura Degree

Animal Breeder
Baccalaureate or Licenciatura Degree

Animal Scientist
Baccalaureate or Licenciatura Degree

Apiculturist
Baccalaureate or Licenciatura Degree

Astronomer
Baccalaureate or Licenciatura Degree

Biochemist
Baccalaureate or Licenciatura Degree

Chemist
Baccalaureate or Licenciatura Degree

Dairy Scientist
Baccalaureate or Licenciatura Degree

Entomologist
Baccalaureate or Licenciatura Degree

Epidemiologist
Baccalaureate or Licenciatura Degree

Geneticist
Baccalaureate or Licenciatura Degree

Geochemist
Baccalaureate or Licenciatura Degree

Geophysicist (including Oceanographer in Mexico and the United States)
Baccalaureate or Licenciatura Degree

Horticulturist
Baccalaureate or Licenciatura Degree

Meteorologist
Baccalaureate or Licenciatura Degree

Pharmacologist
Baccalaureate or Licenciatura Degree

Physicist (including Oceanographer in Canada)
Baccalaureate or Licenciatura Degree

Plant Breeder
Baccalaureate or Licenciatura Degree

Poultry Scientist
Baccalaureate or Licenciatura Degree

Soil Scientist
Baccalaureate or Licenciatura Degree

Zoologist
Baccalaureate or Licenciatura Degree

TEACHER

College
Baccalaureate or Licenciatura Degree

Seminary
Baccalaureate or Licenciatura Degree
University
Baccalaureate or Licenciatura Degree

NAFTA Visas ("TN" Visas)--who can get them? And what are the qualifications?

2007-07-17T23:37:00.000-04:00

NAFTA Visas are available to professionals who are citizens of Mexico and Canada under the North American Free Trade Agreement. The government has a list of professions that qualify as NAFTA professions. Even assuming a Canadian and Mexican immigrant meets the "profession" requirement, there are other requirements that must be met before the immigrant can qualify for a NAFTA Visa. Those requirements are as follows:

The profession must be one that is recognized under NAFTA.
The NON-immigrant must possess the specific criteria for that profession.
The position must require a worker in that professional capacity.
The employer must be an American employer

Employers must fill out form I-129 http://www.uscis.gov/files/form/I-129.pdf

'The Fiancee Visas--The K-1 K-2 Visa

2007-07-15T14:49:00.000-04:00

It usually takes about a year to get a fiancee visa from start to finish. First you have to have the petition approved (about 4 months) then you have to wait for the consulate to issue you a visa.
The fiancee visa is form I-129F

Why get a fiance visa? Because it is easy to get so long as a U.S. citizen is willing to marry you and you are outside the U.S. or legally in the U.S. but if you are legally in the U.S. it might make better sense to just get married and apply for a greencard than going the fiancee route.

Fiance visas last about 90 days and cannot be renewed. If you acquire a fiance visa you can apply for permission to work pending the wedding and receipt of a greencard. With a K-1 visa your children can get K-2 Visas and come to the United States and then apply for greencards after you get married.

What are the requirements to get a fiance visa?
1) you must have met and seen each other within the preceding 2 years of your application (unless this should be waived for religious reasons.)
2) there must be an intent to get married once you arrive in the U.S. (you have to show that there are real wedding plans in place, an engagement ring, invitations, date, place of reception, etc.)
3)the spouse must be a U.S. citizen not just a permanent resident or greencard holder.
4) both you and your spouse must be legally able to get married (no polygamy, or underage marriages allowed.)

Adjustment of Status Application info for visa lottery applicants

2007-07-14T20:46:00.000-04:00

To adjust your status to permanent resident, you have to fill out a bunch of documents and forms--separate sets for all family members including your spouse and your kids. You should go to the USCIS website for a packet of the forms you have to fill out: www.uscis.gov. You will definitely need form I-485--the application for permanent residence. You will also need form G-325A, form I-134, form I-131 and a host of documents including by not limited to proof of education, birth certificate, medical exam report, official notice of your lottery selection, marriage certificate, I-94 card, photos, fingerprints, and filing fees. You may also need to pay a penalty fee if you are in the U.S. illegally but because of a grandfather clause you are still allowed to adjust your status.

Getting a Greencard through the visa lottery

2007-07-14T20:25:00.000-04:00

After you apply online, you may be one of the lucky few who gets notification eight months later from the Department of State that your name has been drawn from visa lottery. The next thing to worry about would be proving you are not inadmissble and are not at risk of becoming a public charge. For the latter you may need a family member or close friend file an affidavit on your behalf stating their responsibility to the United States govt. if you do become a public charge. They would have to file an I-134 Affidavit of Support. This is a big deal because if you become a public charge, the person who files this affidavit will have to pay the government all the support you need for three years.

How to register for the Visa Lottery

2007-07-14T20:20:00.000-04:00

You register for the visa lottery online and you usually have to attach a digital photo of yourself. You will have to provide your name, date of birth, gender, country of birth, mailing address, your spouse' info, your children's info (especially under 21) your marital status, and a photo. You should send only one application per person otherwise they will disqualify you. But your spouse can send their own application as can your children if they were qualified to apply on their own notwithstanding applying for the lottery and can immigrate without you if need be.

You can apply on the Department of State website: www.state.gov (travel/business, Visas for Foreign Citizens, coming permanently to the U.S.)

What is a diversity based immigrant visa? Or What is the Visa Lottery?

2007-07-14T20:14:00.000-04:00

If you are a native of (or married to a native, or have parents who were natives) a qualifying country, are 16 years of age or older, possess a high school diploma or two years experience in a job that normally requires at least two years of training, you can apply for the visa lottery.

It doesn't mean you will get a greencard. If you win the lottery and they send you notice that you won, you will have to prove you are not inadmissible for any reasons such as certain crimes, health problems, or that you entered or stayed in the U.S. illegally prior to your application for a lottery visa.

There is a new application required each year if you did not get called in the year you applied. There is no roll over. It usually takes about eight months for you to be notified you have won the visa lottery. After that, make haste to apply for the greencard becuase if time runs out on you and you don't get the card within that year, you lose your chance and have to apply all over again.

The three types of visas available in the U.S.

2007-07-14T19:45:00.000-04:00

According to the Department of State there are three types of visas for immigrants who want to live permanently in the United States. In other words, either you must have a family member or an employer petition for a visa for you with the Department of Homeland Security. Or, for the lucky few, you can obtain a petition by registering for the visa lottery. The three types of visas are:

1) Family-based immigrant visas

2) employment-based immigrant visas

3) diversity program immigrant visas

What does USCIS mean?

2007-07-12T16:28:00.001-04:00

USCIS is the acronym for United States Citizenship and Immigration services.

What is an I-94 Card?

2007-07-12T15:57:00.000-04:00

The I-94 card is filled out by every nonimmigrant who comes into and leaves the United States. It basically proves when and where you entered, and when and where you left. In addition to the card, your passport is stamped by the immigration official at the airport or port.
This card/stamp is important because if you ever want to adjust your status you may need to prove you entered legally and without a stamp/card that could prove very difficult.

You can find a form at www.uscis.gov/propub/docView/afmid/dat/I_94.pdf

Are you an immigrant who is "inadmissible"?

2007-07-12T15:30:00.001-04:00

Some individuals are "inadmissible" into the U.S. and are permanently barred from entering the U.S. in most cases. But there are cases when, even though inadmissible, a person may be able to obtain a waiver, such as in the case of the spouse or the unmarried child under 21 of a U.S. citizen who has HIV/AIDS, or a drug offender who was caught with less than 30 grams of marijuana.

Here is a list of persons or reasons for inadmissibility

A criminal conviction

A health problem such as tubercolosis and HIV/AIDS

Drug abuser or addict

Drug offenders

drug traffikers

Immediate family members of drug traffikers

spies and violators of export or technology transfer laws

terrorists or their representatives

nazis

someone likely to become a public charge

someone who received public assistance through fraud

people who improperly obtained student visas (F-1)

stowaways

persons permanently ineligible for citizenship

persons subject to special registration who fail to have thier depature confirmed

Canadians and Mexicans have special immigration privileges

2007-07-12T15:18:00.000-04:00

Because of NAFTA (North American Free Trade Agreement) Canadians and Mexicans have special privileges that other immigrants don't have with respect to working in the United States without a visa, or visiting the United States in the case of Canadians who are particularly favored in the United States perhaps more than any other group of foreign nationals. Canadians do not need a visa or passport to enter the U.S. for visiting purposes. Canadians and Mexicans can work without visas in certain cases such as:

Canadians
1. Language translation jobs where the Canadian citizen is an interpreter (canada)
2. tour conductor where the tour originates in Canada and us mostly in Canada
3.consulting in public relations and advertising, (Canada or Mexico)
4. research and design for a company (canada or mexico)
5. supervisor of harvesting agricultural crops (owner only) (canada or mexico)
6.purchasing a company (located in Canada or Mexico)
7. servicing equipment or machinery for sale (Canada or Mexico)
8.transporting goods or passengers into the U.S. (Canada or Mexico)

This list is not exhaustive.

Countries with a trade treaty with the United States

2007-07-12T15:05:00.001-04:00

For trade treaty visas you need to be a citizen of a country with a trade treaty with the United States. Or check the Foreign Affairs Manual. Check website: foia.state.gov/regs/search.asp.

Countries with a treaty are as follows:

-A-
Albania
Argentina
Armenia
Australia
Austria
Azerbaijan

-B-
Bahrain
Bangladesh
Belgium
Bolivia
Bosnia and Herzegivina
Bulgaria

-C-
Cameroon
Canada
Chile
Colombia
Congo
Costa Rica
Croatia
Czech Republic

-E-
Ecuador
Egypt
Estonia
Ethiopia

-F-
Finland
France

-G-
Georgia
Germany
Grenada

-H-
Honduras

-I-
Ireland
Italy

-J-
Jamaica
Japan
Jordon

-K-
Kazkhstan
Korea
Kyrgystan

-L-
Latvia
Liberia
Lithunia
Luxembourg

-M-
Macedonia
Mexico
Moldova
Mongolia
Morocco

-N-
Netherlands
Norway

-O-
Oman

-P-
Pakistan
Panama
Paraguay
Philippines
Poland

-R-
Romania

-S-
Senegal
Singapore
Slovenia
Spain
Sri Lanka
Suriname
Sweden
Switzerland

-T-
Thailand
Togo
Trinidad and Tobago
Tunisia
Turkey

-U-
Ukraine
United Kingdom

-Y-
Yugoslavia

Student Visas

2007-07-08T21:46:00.000-04:00

You can also qualify for a student visa. There are two types the M-1 and the F-1 Visas. Spouses and kids get M-2 and F-2 visas in case you qualify for yours. You can get one of these if you are accepted to a U.S. university for a study course leading to a certificate or diploma. The school will have to issue you a certificate of eligibility (SEVIS I-20). You must have enough money to pay for tuition as you cannot work with a student visa except part-time on campus. And you must have good command of the English language. If you are coming to study biochemistry, nuclear physics, or missile telemetry, you may have a problem as this could indicate terrorist inclinations. So you may not get a visa in that case.

Treaty Trader Visas

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A treaty trader visa is an E-1 Visa. You can get one of these if your country trades with the U.S. or has a trade treaty with the U.S. and you do over $200,000-$500,000 in trades. You can get one of these if you are a business person from a country with a trade treaty with the U.S. It is good for 2 years with unlimited extensions. Your spouse can work but your children cannot work. You have to at least be a 50% owner of the company that employs you or be a key employee. And most of your company's trade must be with the United States. Check the Foreign Affairs manual to see if your country has a treaty with the U.S.

Types of Visas you may qualify for

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There are many different types of visas you could be eligible for. It depends on your personal circumstances.

B-Visas (for visitors taking short trips to U.S.)

H-1B visas (for people hired in specialized areas by U.S employers--such as fashion models, computer geeks) Good for six years and you can bring spouses and kids.

H-2B visas (for people hired in seasonal, nonagricultural jobs) good for up to one year.

H-3 Visas (for people getting training to work in their home country) good for up to length of training or two years.

L-1 Visa (for people who work for U.S. companies with branches outside U.S. who are being brought to U.S. by their company to be a manager, owner, executive or employee with specialized knowledge.) Good for 5-7 years

Special Immigrants

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Special Immigrants are

1) Religious workers
2) Graduates of foreign medical schools who have been here since 1978
3) NATO civilian employees
4) Panama Canal Treaty employees
5) Juvenile Delinquents in foster care who were born abroad and are under 21
6)persons who served in the military for 12 years after 1978 (enlisted outside the U.S.)
7) persons who worked for the U.S. govt for 15 years abroad and were born abroad.
8) retired employees of international organizations (with a G-4 or N visa and lived here 15 years)
9) Foreign broadcasters

Who are the people the U.S. govt. most desires as immigrants?

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America wants only the best of the best. And why not? If you are an investor who can bring upwards of $500,000 and create a business, you have a better shot than somebody who is poor and has no money. If you dont have that, then become a priest or member of the clergy. They get special preference as "special immigrants."

Other preferred people include:

1) Canadians and Mexicans
2) fiancees of U.S. citizens and greencard holders
3) Family members of U.S. Citizens
4) Citizens of countries that participate in the visa lotteries
5) Someone with a job offer (if there are no qualified U.S. workers)
6) Adopted children under the age of 16 of U.S. citizens/green card holders
7) Those who are persecuted for their religion, race, political opinion, membership in a particular social group (refugees)
8) Those who served in the armed forces for 12 years or more
9) Those who lived in the U.S. continuously since 1972
10) Those who graduated from a foreign Medical School and lived in U.S. since 1978