Can a Widow of U.S. Citizen Apply for Immigrant Visa with Form I-130 by Herself? Question: My friend came to United States last year and married a U.S. Citizen. But she became a widow before her husband could get time to file immigrant visa for her. Can she apply for immigrant visa to get Green Card by herself to stay in United States? Answer: If an alien spouse was married to a U.S. citizen, the alien spouse was in an especially good position to get a Green Card in the United States. Even if the U.S. citizen spouse died before filing the initial visa petition of USCIS Form I-130 for the alien spouse, or before the Form I-130 petition was approved by USCIS. For this kind of situation, the alien spouse may be able to carry on and file the immigrant visa petition of USCIS Form I-360 by herself or himself. Unlike other family beneficiaries, the alien spouse need not have an Affidavit of Support filed on her or him behalf for this situation. But there is a deadline to file the Form I-360. The alien spouse must file the Form I-360 petition no later than two years after the death of the U.S. citizen spouse. http://www.greencardfamily.com/question/question2014/Widow_Application_Form_I130_120814.htm http://www.greencardfamily.com/citizenspouse.htm

The Exceptions to Medical Examination Form I-693 Filing Requirement Question: I did the medical examination in my home country before getting the visa to enter the United States. Do I need to do the Form I-693 medical examination this time, when I file USCIS Form I-485 for adjustment of status in the United States? Answer: Generally, all aliens applying for USCIS Form I-485 for adjustment of status in the United States should file Form I-693 for medical examination. But if an alien applicant has already had a medical examination before as part of an immigration application process within the one year, the alien applicant may not need to do to the medical examination again. For example, if an alien applicant has already had a medical examination done before as a K visa holder or a V visa holder, the alien may not need to do the Form I-693 for medical examination again. Also, if the alien applicant is a refugee, he or she may not need not submit Form I-693 if he or she is applying for adjustment of status one year after the first admission in United States, and there were no medical grounds of inadmissibility during the medical examination in his/her home country. http://www.greencardfamily.com/question/question2014/I693_Medical_Examination_Exception_120714.htm http://www.greencardfamily.com/i485.htm

Is O-1 Visa a "Dual Intent" Visa? Can I Apply for U.S. Green Card in O-1 Status? Question: I am in United States in O-1 visa now for more than one year. Is the O-1 visa a "dual intent" visa like H-1B visa or L-1 visa? or can I apply for U.S. Green Card to become a permanent resident of the United States with O-1 status? Answer: The "dual intent" appears to be recognized by USCIS for O-1 extraordinary ability visa holders. While not statutorily recognized as "dual intent" visa like the H-1B visa and L1 visa, the O-1 visa applicants are not required to maintain a residence in the applicant's home country. The U.S. immigration regulations provide that the approval of a permanent Labor Certification or the filing of a immigrant preference visa petition should not be a basis for denying an O-1 visa application, or the extension of stay for O-1 visa holders. However, the "dual intent" provision does not apply to O-2 visa applicants. Unlike the O-1 extraordinary ability nonimmigrant visa, the O-2 visa applicants must satisfy that he or she has a residence abroad, and no intent to abandon that residence in their home country. While an O-1 visa applicant does not have to have a residence in the home country which he or she does not intend to abandon, there must however be an intent to remain on the O-1 visa. Therefore, the foreign national may legally come to U.S. in O-1 visa, and depart U.S. at the end of the authorized stay, and at the same time, seek to apply for U.S. Green Card to become a permanent resident of the United States. http://www.greencardapply.com/question/question14/O1_Visa_Dual_Intent_120814.htm http://www.greencardapply.com/o1visa.htm

Use the Publication Citations as Strong Evidence for Your Green Card Application Question As a post-doctor researcher at a U.S. University for more than 3 years, I plan to apply for Green Card in both EB1-Extraordinary Ability (Alien of Extraordinary Ability) and EB2 National Interest Waiver (EB2 NIW) immigrant visa categories with the help of your Green Card DIY application packages. I have over 30 citations for my publications. How could I use my citations as strong evidence for my Green Card application? Answer: When evaluating alien's publication citations and an alien’s research work, U.S. Citizenship and Immigration Services (USCIS) will determine the significance of the alien’s original contribution to the field that resulted in the citations. To use the citations as strong evidence for EB1 or EB2 NIW Green Card application, the alien applicant should establish the publication's circulation and intended audience. Some citations, especially passing citations, do not suffice. Also, articles that cite the alien‘s work as one of multiple footnotes or endnotes are generally not “about” the alien‘s work. USCIS may not be persuaded that citations of an article authored by the alien beneficiary constitute published material about the alien‘s work. The alien applicant should include citation report from an online source (GoogleScholar, SciFinder, or the Web of Science). Citation record can help USCIS understand that the field has acknowledged the alien applicant's research, and original research contribution in the field. In some cases, inclusion of a lengthy list of referenced articles that often accompany published articles might be probative of the alien’s ability, because the alien’s contributions served as a significant, original contribution that spurred the subsequent references and citations. http://www.greencardapply.com/question/question14/Citations_GreenCard_Application_120714.htm http://www.greencardapply.com/ea.htm

What May Happen for my Form I-485 application, if My Form I-140 Is Rejected? Hi William: I filed a concurrent Form I-140 and Form I-485 petitions in EB2 National Interest Waiver (NIW) immigration category several months ago, as self-petition without my employer's sponsorship. Now, I get a RFE (Request For Evidence) letter from USCIS for my Form I-140 petition, asking for more supporting materials and evidences for my work's benefits for U.S. national interests. Please let me now what may happen for my Form I-485 application if my NIW Form I-140 is rejected after the RFE response? Answer: The concurrent Form I-140 and Form I-485 petitions are supposed to permit the alien applicant a number of benefits, including availability of work permit card (EAD), advance parole for international travel, and similar benefits to the accompanying family members. Under the U.S. immigration law, the Form I-485 application remains intact unless it is denied as separate from the denial of Form I-140 petition. To prevent the abuse of concurrent Form I-140 and Form I-485 filing, the USCIS instructed its Service Centers to deny all the accompanying applications including Form I-485, Form I-485A, From I-765, and Form I-131 simultaneously, when the USCIS Service Centers deny the underlying Form I-140 petition. http://www.greencardapply.com/question/question14/Concurrent_I140_I485_Petitions_1123.htm http://www.greencardapply.com/i485.htm

My Form I-485 Application Is Pending, What Are the Risks for My Job Change? Hi William: My EB2 National Interest Waiver (NIW) based Form I-140 petition is my employer sponsored. After the EB2 NIW I-140 petition approved by USCIS, my Form I-485 application is pending for more than 180 days. If I want to change job now by using the AC-21 rule, can my employer harm my Form I-485 Green Card application case? and what are the risks for my job change? Answer: The U.S. employer does not control the Form I-485 application process, since it is filed directly by alien employee to USCIS, not filed by U.S. employer. If the Form I-485 application is based on the approved Form I-140 petition in which the employer is a sponsor, the employer can always withdraw or revoke the I-140 petition if they want. If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. However, this does not prevent the pending Form I-485 case from being approved by USCIS. According to USCIS AC-21 rule, an approved Form I-140 petition remains valid once the Form I-485 application has been pending for more than 180 days, even if the employer requests the revocation of the Form I-140 petition. http://www.greencardapply.com/question/question14/Form_I485_AC21_Rule_1122.htm http://www.greencardapply.com/i485.htm

apply for K-3 visa to come to US

Question: After I married with a U.S. citizen husband, how could I come to the U.S. in a short time? Thank you. Answer: You can apply for K-3 visa to come to US. The K-3 Visa is for Spouse of a United States Citizen. The purpose of the K-3 visa is to promote family reunion and serves as a temporary remedy for the long delayed family based immigration petition process. It allows the alien spouse to stay in the U.S. while waiting for the result of the pending immigration petition. The alien spouse may obtain work authorization during the waiting period. K-3 visa offers an opportunity for a spouse of a United States citizen to travel to the United States, so that the family can be together in the United States during the commonly lengthy wait for the USCIS to process the "immediate relative" immigrant visa petition. Once issued, the spouse would be able to travel to the United States to be with the United States citizen petitioner, while awaiting approval of the immigrant visa petition through which the non-citizen spouse will apply for permanent residency. www.greencardfamily.com/question/question2014/K3_Visa_Application_0607.htm http://www.greencardfamily.com/k3visa.htm

do I need to adopt her first before file the immigration petition for her?

I am a U.S. citizen. Recently, I married my alien husband who has a daughter in his home country. How could I bring the step-daughter into the United States to live with us? As a stepmother now, do I need to adopt her first before file the immigration petition for her? Answer: In the immigration regulation, a stepmother is actually considered a closer relationship than an adoptive mother, and there are less restrictions. However, an adoptive relationship must meet more requirements: 1) the child must be adopted before his or her 16th birthday; 2) the adoptive parent must have had legal custody of the adopted child for two years upon filing the immigration petition; and 3) the adopted child must have resided with the petitioner for at least two years before filing the immigration petition. There is a rationale for treat stepchildren on a more favorable standard than adopted children on immigration petitions, and it is primarily fraud prevention. Many US citizens, especially naturalized citizens, have relatives with children in foreign countries. They may intend to bring these children to the US. If there are no strict regulations on immigration petitions based on adoptive relationships, many people may take advantage of the system. Although fraudulent activities also happen in marriage-based immigration, it is harder to cheat the USCIS in a marriage relationship than in an adoptive relationship. www.greencardfamily.com/question/question2014/Adoptive_Child_0608.htm http://www.greencardfamily.com/child.htm

P3 Visas - Culturally Unique Individual or Group

Application Documents for P3 Visas - Culturally Unique Individual or Group Question: I am a singer in a performing group. Our group is invited to perform at an noncommercial cultural event this summer at Chicago by a U.S. organization. We were told that we need to apply for P3 visa to come to U.S. to participate the event. What kind of documents we need to prepare the P3 visa application? Answer: The P3 visa is for artists or entertainers who come to United States to develop, interpret, represent, teach, or coach in a program that is considered culturally unique, either individually or as part of a group. The art or entertainment program may be of either a commercial or noncommercial nature. The P3 applicant must be coming to United States to participate a cultural event or events that will further the understanding or development of an art form. For P3 visa application, the U.S. employer should submit an application to USCIS on behalf of the alien applicant, including the following evidence: 1) statements from experts in the field, to show the authenticity of the person or group’s skills in performing, presenting, coaching, or teaching the unique or traditional art form. 2) evidence that the person or group’s art form is culturally unique, as shown by reviews in newspapers, journals, or other published materials, and that the performance will be culturally unique. www.greencardapply.com/question/question14/P3_Visa_Application_0607.htm http://www.greencardapply.com/pvisa.htm

the procedure of the "FBI name check",

Q: My NIW Green Card application has been approved, thank you very much for your very helpful NIW DIY package! I and my wife also filed the I-485 application, and we just get fingerprinted. We were told that we need to wait for the FBI name check. What is the procedure of the "FBI name check", and how long it would take? Answer: All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. http://www.greencardapply.com/question/question14/I485_Name_Check_0608.htm http://www.greencardapply.com/i485.htm

requirements for multinational executives and managers under the EB1

The basic requirements for multinational executives and managers under the EB1 first preference are as follows: a) the alien must have been employed outside the United States in a managerial or executive capacity for at least one year in the three years prior to the filing of the petition; b) if the worker is currently in the U.S. working for the same prospective U.S. employer, the three year period is the time preceding his or her entry to the U.S. as a non-immigrant; c) the foreign employer must have been the same employer, an affiliate or a subsidiary of the prospective U.S. employer; d) the alien must be coming to the U.S. to work in an executive or managerial capacity; and e) the prospective U.S. employer must have been doing business for at least one year. This means that a multinational executive or manager is the one who has been employed outside the U.S. in a managerial or executive capacity for at least one of the three years immediately preceding the filing of the petition. The U.S. employer must file the petition for the manager or executive. The petition must be accompanied by a statement from the U.S. employer affirming all of the pertinent requirements, including a description of the job duties to be performed by the foreign executive/manager in the United States, the job duties performed by the foreign executive/manager abroad, and the periods of employment by the foreign executive/manager abroad. http://www.greencardapply.com/manager/eb1c-requirement.htm http://www.greencardapply.com/manager.htm

The Requirements for Multinational Executives and Managers

1. The Requirements for Multinational Executives and Managers Under the EB1 Immigrant Category To qualify for a Green Card as an EB1 Multinational Executive or Manager, the foreign worker must show that he or she was employed by a company affiliated with the current U.S. employer as an executive or manager outside the U.S. for at least one year out of the three years before the transfer to the United States. The requirements for multinational executives and managers under the immigration first preference are similar to those for executives and managers under the L-1A non-immigrant subcategory. A non-immigrant worker under L-1A status may generally qualify under the immigration first preference category. However, there is no such equivalent of immigration first preference category for the specialized knowledge L-1B workers. http://www.greencardapply.com/manager/eb1c-requirement.htm http://www.greencardapply.com/manager.htm

qualify for EB2 NIW, an alien applicant needs to demonstrate

For applicants with an advanced degree - masters or above, there are three ideal options to apply for a Green Card. These options are in different classifications of Employment-based (EB) immigration, including: · EB1A: Aliens with Extraordinary Ability in science, art, and business (or EB1-EA); · EB1B: Outstanding Researchers and Professors (or EB1-OR); · EB2 NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver of Labor Certification in National Interest (or NIW). Many talented scientists and researchers should have better chances when they apply for an attractive job position. However often times, they failed just because they do not have a U.S. Green Card. Some people with advanced degree do not know how to apply for U.S. Green Card in above three preferred immigration categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy for people who may qualify for one of the above three ideal immigration classifications. To qualify for EB2 NIW, an alien applicant needs to demonstrate that his or her work is in the National Interest of United States, and the alien applicant should have an advanced degree and have exceptional ability in sciences, arts or business. The National Interest Waiver Green Card application can either be filed by an alien applicant, or be sponsored by a U.S. employer. An alien applicant may also file additional Green Card applications in other categories, while a National Interest Waiver application is pending. http://www.greencardapply.com/niw/what-is-niw.htm http://www.greencardapply.com/niw.htm

Outstanding Professors or Researchers EB-1 Subcategory

1. The Outstanding Professors or Researchers EB-1 Subcategory If a foreign national has an international reputation for being outstanding in a particular academic field, that person may, with an offer of work from a U.S. employer, qualify for a Green Card as a priority worker within the outstanding professors and researchers subcategory. The foreign national will have to show at least three years experience at either teaching or research in the relevant academic field. The job offer for which the applicant is coming to the U.S. must be a specific tenured or tenure-track teaching or research position at a university or an institution of higher learning. Or, if the position is at a research organization, it must be a permanent position - showing permanence can be a bit dicey in cases where the position is based on grant money that will run out in a year, but this can be overcome by showing that the employer intends to seek continued funding and that a reasonable expectation of success exists, such as a track record of renewed funding. Not every type of employer can make use of this visa category. It must be a qualified employer, meaning either a university or institution of higher education or a department, division, or institute of a private research entity with at least three full-time researchers on staff. The private U.S. employer will also need to show a history of making significant achievements in research. http://www.greencardapply.com/or/outstanding-researcher.htm http://www.greencardapply.com/or.htm

most appropriate type and fast route to obtain a U.S. Green Card

determine the most appropriate type and fast route to obtain a U.S. Green Card Obtaining a U.S. Green Card for a priority worker is typically easier than doing so in some of the other employment-based visa categories. The reason is that the employer does not need to start out by attempting to recruit U.S. workers for the job and then seeking Labor Certification (confirmation that no such workers are available) on the employee. The Labor Certification process tends to take many months and involve staggering complexity. In fact, within the subcategories for workers of Extraordinary Ability and National Interest Waiver, the foreign national does not even need a job offer from a U.S. employer at all. Some people with advanced degree do not know how to apply for Green Card in above three preferred categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy and quicker way for people who may qualify for one of the above three ideal immigration classifications. An alien should determine the most appropriate type and fast route to obtain a U.S. Green Card. By using the Form I-140 of USCIS (United States Citizenship and Immigration Services), each type of above EB Form I-140 application requires different kind of evidence. Some aliens may qualify for more than one immigrant categories of EB1 or NIW. http://www.greencardapply.com/ea/extraordinary-ability.htm http://www.greencardapply.com

Aliens of Extraordinary Ability may be eligible for a First Employment-Based Preference

Some alien applicants can be exempted from the Labor Certification application requirement, by their extraordinary ability, outstanding research, or their job positions as multi-international executives or managers. Foreign workers with extraordinary ability, outstanding professors and researchers, and transferring executives and managers all receive high priority for U.S. Green Cards. Priority workers fall into the first preference category of U.S. employment-based visas. A visa in this context actually means a Green Card, or lawful permanent residence. Technically speaking, an immigrant visa is what the applicant needs in order to enter the U.S. and become a Green Card holder. Aliens of Extraordinary Ability may be eligible for a First Employment-Based Preference (EB-1A or EB1-EA). A Green Card applicant with extraordinary ability in the arts, sciences, education, business or athletics is eligible for treatment as a priority worker in the EB1 immigration category. For alien applicants with an advanced degree - masters or above, there are three ideal options to apply for a U.S. Green Card. These options are in different immigration classifications in Employment-Based (EB) immigration, which include: · EB-1A: Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics (or EB1-EA); · EB-1B: Outstanding Researchers and Outstanding Professors (or EB1-OR); · EB-2 NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver of Labor Certification in National Interest (or NIW). http://www.greencardapply.com/ea/extraordinary-ability.htm http://www.greencardapply.com

H-1B petitions - L-1 employer would not sponsor me

Many people with an nonimmigrant status in United States sign up with another company and have no idea what their obligations and responsibilities are. These people may think "I want an H-1B status or visa because of the Green Card application and my L-1 employer would not sponsor me." But H-1B visa or status are not supposed to be obtained as an option for employment at some point in the future convenience of Green Card application. The H-1B petitions are supposed to be filed for specific job openings, not speculative employment. If a H-1B application is filed in United States for requesting "Change of Status" and the alien applicant is given a Form I-797A with new I-94 card at the bottom, as opposed to Form I-797B with a request for U.S. Consular Notification abroad. After the H-1B status change approval in United States, the alien applicant can only work for the H-1B employer, and can no longer work for the L-1B employer. In another words, an alien worker definitely cannot have 2 nonimmigrant status (L-1B and H-1B in this case) in the U.S. at the same time, although an alien can potentially have 2 H-1B employers at the same time. http://www.greencardapply.com/question/question14/L1B_Change_H1B_0512.htm http://www.greencardapply.com

O-1 visa as an alien of extraordinary ability in the arts

When applying for an O-1 visa as an alien of extraordinary ability in the arts, the alien applicants should make sure that their work fits the immigration law’s definition of art. The USCIS regulations define the art very broadly, which includes "any field of creative activity or endeavor such as fine arts, visual arts, culinary arts, and performing arts." The alien applicants engaged in the field of arts include the principal creators and performers, and also essential persons such as directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers. The O-1 visa applicants must come to the United States to perform in the area of extraordinary ability. They must be recognized as prominent in the field of endeavor. To demonstrate such recognition, the alien applicant need to supply documents showing that he / she has been recognized for the contribution in the field. http://www.greencardapply.com/question/question14/O1_Extraordinary_Ability_Arts_0513.htm http://www.greencardapply.com

K-3 visa category was used to provide a faster avenue for the immigration

The purpose of the K-3 visa category was used to provide a faster avenue for the immigration of spouses of U.S. citizens, if the foreign national resided abroad. The K-3 visa application requires both Form I-130 and Form I-129F filing. The K-3 nonimmigrant petition for the spouse of a U.S. citizen must be preceded by the filing of the I-130 immediate relative petition. There is no need to wait for a decision on the I-130 to file Form I-129F, it must simply be filed. The K-3 case is filed using Form I-129F, as is the K-1 for fiancé/fiancée. Prior to the creation of the K-3 category, the only option was the I-130 petition for immediate relative. The processing times for I-130s, combined with the waiting times for interviews at the consulates, often left couples separated for more than a year. The K-3 processing with Form I-129F was supposed to be much faster than the I-130 approval, and thus, was an attractive option for many couples in this situation, and the U.S. citizen's spouse can wait for the Form I-130 result inside the United States. http://www.greencardfamily.com/question/question2014/K3_Citizen_Spouse_0519.htm http://www.greencardfamily.com

For family-based immigration

For family-based immigration, the Family 2A category is for spouses and minor children of U.S. permanent residents. The immigration visa number's waiting time could be long for this category - sometimes waiting for several years. Thus it is difficult for USCIS or DOS to communicate with petitioning relatives who have since relocated. Also, for some cases, USCIS may issue Request For Evidence (RFE) notice for cases that have not been approved. When so much time has elapsed since the Form I-130 petition was initially filed, USCIS' mails may go to addresses that are long-since out of date. Many Form I-130 petitioners frequently are unaware of the need to update USCIS records when they change addresses. This is often the case for some petitioner who have forgot to file Form AR-11 to notify the USCIS for address change. This is particularly so for U.S. citizens who are no longer subject to Form AR-11change-of-address requirements, since many I-130 petitioners filed as permanent residents, but naturalized to U.S. citizenship after filing. Therefore, USCIS always wishes to remind petitioners of the need to update the USCIS records regarding address changes. http://www.greencardfamily.com/question/question2014/Form_AR11_Address_Changes_0520.htm http://www.greencardfamily.com