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Understanding the Spouse Visa and Fiancé(e) Visa
Comparing Spouse and Fiancé(e) Visas Let’s say you are a U.S. citizen engaged to marry someone from Chile and hope to marry them in the U.S. Perhaps you are a lawful permanent resident that has been married to a Canadian for one year. You want to live together in the U.S. but are uncertain about the process. This post will give you a general overview of each process and the respective filing fee costs. Another thing to keep in mind is that processing times are always subject to change without notice. If you prefer to have a set date for your wedding, the spouse option would be a better idea…
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U.S. Immigration and the 3 Ps – Processing Times, Policy Changes, and the President
U.S. Immigration has been a hot-button issue, and since this new administration, we’ve seen a huge shift in policies within our immigration system. Everything that has happened has made practicing immigration law interesting, to say the least. We’ve seen the controversial separation of families at the border, the travel ban being upheld, and more discretion than ever in allowing immigration officials/officers to deny applications. Processing times Cases are taking much longer to process than a couple of years ago. For example, a couple of years ago, adjustment of status applications based on marriage to a U.S. citizen used to take only 3 – 4 months from the time USCIS received…
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The PERM Process – Getting U.S. LPR Status Through an Employer
I have heard so many business owners say that just cannot find U.S. workers to fill the jobs at their companies even after trying different recruiting methods. As you can imagine, it creates a lot of stress. One avenue that may be available is the PERM process. What is it? The Program Electronic Review Management process, better known as the PERM process, is a process where a foreign worker can gain lawful permanent residence in the U.S. through his/her employer. One of the steps involves the employer obtaining a PERM labor certification from the Department of Labor (DOL). This process has many steps including getting a prevailing wage determination from…
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Who Can Petition for Who In Family-Based Immigration Cases
“I am a green card holder. Can I petition for my sister/brother/parent to get his or her green card?” “I want to petition for my niece/nephew. Can I do that?” These are some of the types of questions I often get. This blog post will answer those questions. Whether you are a U.S. citizen or a Green Card holder, you go through the same process to help your relative have legal residence in the United States. You start by filing Form I-130, Petition for Alien Relative. Although the petition is described in more detail elsewhere, know that you will need evidence such as (1) proof that you’re a permanent resident…
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I-601A Waiver – What You Need to Know
Who May Use Form I-601A Form I-601A is useful in only a few situations. The form is designed for those who have an immediate relative or spouse who is a U.S. citizen or lawful permanent resident (LPR), and the U.S. citizen or LPR spouse wants to petition for his/her foreign-born spouse. This relative must have entered the U.S. undocumented for this form to apply. For example, if your spouse entered the U.S. without documentation and you two got married and you are a U.S. citizen or lawful permanent resident (aka green card holder) who wants to petition for your spouse so he/she can get LPR status, this waiver would be…
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Overview of the H-1B Visa and Why They May Be Getting Harder to Get
What Is It? The H-1B nonimmigrant visa allows United States employers to hire qualified nonimmigrant aliens to work temporarily in a specialty occupation. The past several years, For the FY 2019, USCIS received 190,098 petitions. How to Qualify To qualify for an H-1B visa, a foreign worker has to meet the criteria laid out below: Specialty Occupation: The position must qualify as a “specialty occupation,” which is one that demonstrates knowledge in a specific specialty attained through a U.S. bachelor’s degree (or equivalent to a U.S. bachelor’s degree) or higher. Examples of specialty occupations include, but are not limited to, scientists and engineers. Degree: The minimum degree requirement is a…
