Posted by Karen Pollak on Wed, Sep 08, 2010 @ 01:37 PM
Whether you plan to come to the United States for a short visit or a permanent stay, your first step is to apply for a visa.
Many people think they can show up at a U.S. embassy or border post, describe why they'd make a good addition to U.S. society, and be welcomed in. Unfortunately, this is the exact opposite of how the U.S. immigration system works.
Instead, people who want to come to the U.S., whether temporarily or permanently, must determine whether they fit into certain eligibility categories for either "permanent residence" (a green card or immigrant visa) or for a temporary stay ("nonimmigrant visa"). Whether applying for an immigrant or nonimmigrant visa will depend on how quickly you want to come to the United States and what type of visa your U.S. sponsor will apply for. In certain instances, you can get a visa approval in 15 days or less if you pay an additional premium processing fee of $1,000.00 to the U.S. Government.
Once you have decided on which visa to apply for your sponsor will submit an application -- in fact, often a series of applications -- to one or more of the U.S. agencies responsible for carrying out the immigration laws. These include U.S. Citizenship and Immigration Services (USCIS), which has offices across the United States, and the U.S. Department of State (DOS), which manages consulates and embassies around the world.
What is Permanent Residence (a Green Card)?
If you want to be able to make your permanent home in the United States, you'll need what is called "permanent residence," or a "green card." Green card holders can live and work in the U.S. and travel in and out, with some restrictions (they should not be outside the U.S. for more than 180 days at a time, they can't vote, and can be deported if they abuse their status).
In order to obtain a Green Card you will need a sponsor to file an application on your behalf. The sponsor may either be a U.S. employer or family member. Family members of U.S. citizens make up the largest number of green cards issued each year. Others are issued to investors and workers who have been petitioned by U.S. employers or have special skills. Still other categories have a humanitarian basis, such as refugee or political asylum status (which can lead to a green card), for people who are fleeing persecution. The time it takes to get a green card can range from 8 months to several years depending on who your sponsor is. For example; a green card application for the parent, spouse or child of a U.S. citizen usually takes less than a year but the application for a sibling of a U.S. citizen can take more than ten years. Permanent residents are eligible to apply for U.S. citizenship after 5 years of maintaining permanent residency status (it is 3 years if your permanent residency is based on marriage to a U.S. citizen).
Next up....Nonimmigrant Visas
Posted by Karen Pollak on Sun, Jun 13, 2010 @ 02:48 PM
U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions. The proposal would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.
USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation’s immigration laws, process applications, and provide the infrastructure needed to support those activities. This proposed rule results from a comprehensive fee review begun in 2009. USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.
The proposed fee rule would increase the average application and petition fees by approximately 10 percent. Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased. The proposed rule would establish three new fees for: Regional center designation under the Immigrant Investor Pilot Program (EB-5); Individuals seeking civil surgeon designation; and Recovery of the cost of processing immigrant visas granted by the Department of State. The rule also proposes to adjust fees for the premium processing service. This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.
The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs: Petition for Alien Fiancé (Form I-129F); Application to Extend/Change Nonimmigrant Status (Form I-539); Application to Adjust Status From Temporary To Permanent Resident (Form I-698); Application for Family Unity Benefits (Form I-817); and Application for Replacement Naturalization/Citizenship Document (Form N-565).
Write you Senators or Congressman to voice your opinion.
Posted by Michael Pollak on Wed, May 12, 2010 @ 10:02 AM
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card - commonly known as the "Green Card" - to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS's ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format.
"Redesigning the Green Card is a major achievement for USCIS," said Director Alejandro Mayorkas. "The new security technology makes a critical contribution to the integrity of the immigration system."
The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.
In keeping with the Permanent Resident Card's nickname, it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as individuals apply for renewal or replacement.
Questions and Answers
Q. What is a Permanent Resident Card, or "Green Card"?
A. A Green Card is proof of authorization to live and work in the United States on a permanent basis. It also is evidence of registration in accordance with U.S. immigration laws. Newly issued Green Cards are valid for ten years for lawful permanent residents and two years for conditional residents. The permanent resident must renew his or her card each time it expires.
Q. Why did USCIS redesign the Green Card?
A. The Green Card redesign is the latest advance in USCIS's ongoing efforts to deter immigration fraud. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States.
Q. What major improvements has USCIS included in the redesigned Green Card?
A. Secure optical media store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.
Q. Is the Permanent Resident Card actually green, as its nickname suggests?
A. After the redesign, the card is now colored green.
Q. Who will receive the redesigned Green Card?
A. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format. Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card.
Q. What happens to existing Green Cards with the old design?
A. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire. Holders of those cards will receive the redesigned version when seeking a renewal or replacement.
Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version.
The current cost of renewing or replacing a Green Card is $370. Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. For more information on eligibility for naturalization, go to www.uscis.gov/citizenship.
Q. How does a lawful permanent resident replace a Green Card, if lost or damaged?
A. A lawful permanent resident may seek a replacement card by filing a Form I-90, Application to Replace Permanent Resident Card. The Form I-90 and instructions are available online at http://www.uscis.gov/forms. If outside the United States, a lawful permanent resident should contact the nearest U.S. consulate, USCIS office, or U.S. port of entry before attempting to file a Form I-90.
Posted by Michael Pollak on Thu, Oct 29, 2009 @ 02:17 PM
President Obama abolishes the "Widows Penalty" allowing widows of U.S. citizens married less than two years to apply for Green Cards.
Yesterday, President Obama signed a bill into law that ends a controversial interpretation of federal law, known as the "widow penalty." The clause required a couple be married at least two years in order for the foreign spouse to qualify for legal residency in the U.S. That had thrown several hundred immigrants whose spouses had died before the two-year minimum into illegal status. The provision passed this month removes the two-year marriage requirement, permitting widows and widowers of U.S. citizens to apply for a green card for themselves and on behalf of their children born abroad. These spouses do not have to be presently living in the United States and immigration petitions do not have to have been previously filed by the deceased U.S. citizen spouse.
Immigration Question? Click below for answers.
Posted by Michael Pollak on Fri, Oct 09, 2009 @ 08:35 AM
Learn how to obtain a green card via the E visa category. This article outlines the three basic requirements for obtaining an E-1 (Treaty Trader) or E-2 (Investment) visa though trade and investment in the U.S.
Read more in Karen's article, Green Cards Via Trade and Investment in the U.S. published in HG.Org Wordwide Legal Directories.
Have an immigration question? Our immigration attorneys share their experience and expertise. Click below to ask your question.
Posted by Michael Pollak on Mon, Aug 24, 2009 @ 04:10 PM
A Green card, or permanent resident card, application is one of the first steps in becoming a full American citizen - a huge step in the hopes and dreams for many immigrants. The green card leads to full rights as an American citizen, including the right to vote, run for public office (except President and Vice President) and work at any job. There are several ways to obtain a green card - Through an employer, through a marriage or fiancé visa or through the diversity lottery. Many issues surround the application and acceptance process. Obtaining the right visa(s) is the first step. Learn about the right way to apply for a green card so your case moves along quickly and smoothly.