FAQ

We have listed some of the Frequently Asked Questions (FAQs) in this section. Have a Question? Post it here and Prashanthi will answer it for you.

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FREQUENTLY ASKED QUESTIONS

On date : 2015-11-28 02:07:59 Category :H1B Visa

Most family and employment-based immigration is numerically limited. Each country and category has its own quota. Because the demand for green cards exceeds the supply in many cases, the State Department publishes a monthly Visa Bulletin to allow you to determine how long it takes to achieve permanent residence according to your country of birth and visa category. It is important to track the movement in a particular category over time to determine how long the backlog is. Often, the waiting time is longer than it appears in the Visa Bulletin. See the latest Visa Bulletin.

On date : 2015-11-28 01:36:41 Category :Green Card

The phrase "Green Card" indicates permanent residence or "immigrant" status. The identifying alien registration card has not been green in color since the 1950's, but as the card had virtually been in green color, the term commonly used 'GC' is still being used.

The Green Card accords have the right to live and work in the US for the rest of your life. The GC Holder must pay income taxes, contribute to social security, and register for the military draft if you are a male between the ages of 18 and 26. However, it does not accords you may not vote or hold public office, and certain jobs are not open to you. GC Holder are restricted in the amount of time that may spend outside of the US and are limited as to which relatives could sponsor for permanent residence. If the GC Holder are convicted of a serious crime, or otherwise violate the immigration laws, he/she may be subject to expulsion from the US.

You may become a permanent resident by any of the following methods:
:: Through Relatives
:: Through Employment
:: Through Investment
:: Through Persecution
:: Through the Visa Lottery
:: Through Cancellation of Removal
Through Relatives - Amnesty of the 800,000 (approximately) persons who become permanent residents each year are sponsored by close relatives who are US. citizens or permanent residents. US. citizens may file immigration petitions for their spouses, parents, brothers and sisters, and sons and daughters (whether they are married or single, and whether they are minors or adults). Permanent residents may only file immigration petition for their spouses and their unmarried sons and daughters.

Through Employment - Up to 140,000 persons are permitted to immigrate annually based upon their employment. They include "priority workers".

(1) Persons of extraordinary ability in the arts, sciences, education, business or athletics.
(2) Outstanding researchers and professors, and
(3) Certain executives and managers of multinational companies.

In addition, persons of exceptional ability and holders of advanced degrees may immigrate if they are able to demonstrate to the Labor Department that there are no US workers qualified and available to assume their jobs, or that their presence in the US is in the "national interest". Professionals with bachelors degrees, skilled workers and a limited number of unskilled workers may immigrate if their employers can demonstrate the unavailability of qualified US workers to the Labor Department. Finally, a small number of "special immigrants", primarily religious ministers and other religious workers, are permitted to immigrate through employment.
Through Investment - Up to 10,000 investors and their families may immigrate to the US annually. To qualify, you must invest a minimum of one million dollars ($500,000 if the investment is made in a rural or high- unemployment area) in a new commercial enterprise and employ a minimum of ten full-time US workers.

Through Persecution - The US accepts approximately 100,000 refugees and Asylums annually. Refugees apply abroad to immigrate to the US They must demonstrate that they have a "well-founded fear of persecution" in their home countries. Asylums are similar to refugees except that they are present in the US when they request Asylum.

Through the Visa Lottery - 55,000 people each year are chosen at random to immigrate from millions of applicants for the diversity visa lottery. Although the rules change from year to year, last year, nearly 45,000 of the winners were required to be born in either Europe or Africa. This is because most persons who immigrate to the US through relatives and employment are from Asia and Latin America. The aim of the visa lottery is to insure "diversity" in immigration. This year, subject to certain limited exceptions, persons born in the following "high-immigration" countries are ineligible to apply for the visa lottery: China (PRC and Taiwan), India, Philippines, Vietnam, South Korea, Poland, United Kingdom and dependent territories (except Hong Kong and Northern Ireland), Canada, Mexico, Jamaica, El Salvador, Colombia and the Dominican Republic.
Through Cancellation of Removal - Even someone who is not legally present in the US, may under certain circumstances, be eligible for permanent residence: An alien in removal proceedings may apply for a green card from an Immigration Judge if he (1) has been in the US for at least ten years before being placed under removal proceedings; (2) is a person of good moral character; and (3) can demonstrate that it would be an "extreme and exceptionally unusual hardship" to his US citizen or permanent resident spouse, parent/s, child/ren if he were forced to leave the US. The Immigration Judge may grant permanent residence to such a person his discretion and subject certain numerical restrictions.

On date : 2015-11-22 16:10:22 Category :Labor Certification
Yes you can, but you will have to withdraw one of them, you can file only one I-485 petition.
On date : 2015-11-22 16:09:52 Category :Labor Certification
Pending labor certification application, this is the first stage of an employment based green card application.
On date : 2015-11-22 16:09:17 Category :Labor Certification
You cannot file multiple PERM cases for the same alien and the same job offer. Which means that the same employer can file one case in EB-2 and the other in EB-3 category for the same alien, as the job offer is different, the DOL has been accepting these filings, until further clarification is given. No question about the fact that a different employer can file for the same alien.
On date : 2015-11-22 16:08:03 Category :Citizenship
If you have a criminal case against you it will effect your citizenship case, it might also effect your GC. Depends on what crime it is, if it is a crime against moral turpitude it will effect your immigration status.
On date : 2015-11-22 16:05:15 Category :General
The immigration laws allow persons born in foreign countries to enter the US temporarily as tourists, to do business, to attend school, to be employed, and to engage in a variety of other activities. Temporary visas that US Immigration grants are identified by a letter of the alphabet followed by a hyphen and a number. For example, several million people visit the US each year as "B-2" tourists. Thousands of "F-1" academic students and "M-1" vocational students attend schools and universities. Between 40,000 and 195,000 persons are granted temporary "H-1B" professional working visas annually. Temporary visas are also known as "nonimmigrant" visas. They are issued by US Embassies and Consulates located around the world. US consular officers presume that you intend to reside permanently in the US unless you can demonstrate through strong ties to your home country that you will not remain in the US after the expiration of your authorized stay. If your application is approved, the consular officer will affix a visa to your passport. The visa contains your photograph as well as other identifying information. Nonimmigrant visas expire after a certain period of time and may be valid for one or more entries into the US. The issuance of a visa does not guarantee that you will be admitted into the US The INS Immigration Inspector at the airport/port of entry decides whether to admit you into the US and for how long. If the Immigration Inspector denies you admission, you have the right to request a hearing before an Immigration Judge. The Judge has the authority to overrule the Immigration Inspector.
On date : 2015-11-22 16:04:07 Category :F-1
Yes you can switch you F-1 as long as you do it before your I-94 expires. You can be on an F-1 for as long as you are a student.
On date : 2015-11-22 16:03:37 Category :F-1
Yes.1st Preference - Unmarried sons and daughters of US citizens 23,400 per year, PLUS unused visas from the 4th Preference category. 2nd Preference - Spouses and unmarried sons and daughters of lawful permanent residents 114,200 per year, PLUS the amount by which visas allocated to the family preference categories exceeds 226,000, PLUS unused visas from the 1st Preference category, if any. 77% of visas are reserved for spouses and children (defined as unmarried sons and daughters under 21 years of age) of lawful permanent residents. 3rd Preference - Married sons and daughters of US. citizens (formerly 4th Preference) 23,400 per year, PLUS unused visas from the 1st and 2nd Preference categories. 4th Preference - Brothers and sisters of US. citizens (formerly 5th Preference) 65,000 per year, PLUS unused visas from the 1st, 2nd and 3rd Preference categories.
On date : 2015-11-22 16:01:01 Category :Green Card
1st Preference - Unmarried sons and daughters of US citizens 23,400 per year, PLUS unused visas from the 4th Preference category. 2nd Preference - Spouses and unmarried sons and daughters of lawful permanent residents 114,200 per year, PLUS the amount by which visas allocated to the family preference categories exceeds 226,000, PLUS unused visas from the 1st Preference category, if any. 77% of visas are reserved for spouses and children (defined as unmarried sons and daughters under 21 years of age) of lawful permanent residents. 3rd Preference - Married sons and daughters of US. citizens (formerly 4th Preference) 23,400 per year, PLUS unused visas from the 1st and 2nd Preference categories. 4th Preference - Brothers and sisters of US. citizens (formerly 5th Preference) 65,000 per year, PLUS unused visas from the 1st, 2nd and 3rd Preference categories.

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