Have you received the fee bill yet from the NVC? This is the letter with request for fees to start the immigrant visa process.

If yes, have you received the letter from the NVC requesting docs and forms they need in order to schedule your appointment?

Overall, immigrant visa process usually takes about six months.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com

I have seen this issue before and actually have it on a currnet case we are handling.

I would put the actual last date of entry on the I-485 form.

If an RFE is sent out or request from local office because the I-94 date and no passport stamp matches that date, you need to explain that she entered from Canada and no new I-94 or passport stamp was issued. If you have any separate evidence of that trip (receipts, hotel info etc.) that may help if a response is requested.

It is not uncommon that a return from Canada does not trigger a new I-94 or stamp, so the local CIS office should not be oblivious to that issue.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com

I am sorry to hear that your I-140 was denied.

Are you maintaining H-1B or L-1 status right now? How much time do you have left?

The main question remains your company's ability to meet the ability to pay issue at the I-140 stage. If it is the same company that could not meet that requirement before, what has changed? Are they financially in a better position now? If they file a labor certification now, can they prove ability to pay going forward through tax returns? Do they have 100 employees or more?

Nothing wrong with same employer sponsoring you for green card process, but you do want to make sure you can address that ability to pay issue this time. That is usually done by corporate tax returns that show profit of at least the prevailing wage offered in green card paperwork. W-2s and pay stubs that prove they are currently paying at least the prevailing wage from green card paperwork can also be very helpful.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com

If an individual was last lawfully admitted to the U.S. and is now married to a U.S. citizen, that person may pursue a green card from within the U.S. through adjustment of status rather than return to the U.K. and process out of the U.S. consulate.

When applying for a green card through an immediate relative within the U.S., the two main immigration forms are the I-130 and I-485. Additional forms include the G-325A biographical information, I-864 affidavit of support and I-693 medical form. In addition, if work permission and travel permission are required, those forms include the I-765 (work permission) and I-131 (travel permission).

I-130

The I-130 form is the petition for a foreign national relative. The U.S. citizen files this form with U.S. Citizenship and Immigration Services (USCIS) to establish the immediate relative relationship to the foreign national relative who wishes to immigrate to the United States. The U.S. citizen must file a separate I-130 form for each eligible relative. For example, if a U.S. citizen wishes to petition for his foreign national spouse and foreign national step-child, a separate I-130 must be filed for both the spouse and step-child.

In order to prove that the petitioner is a U.S. citizen, one of the following documents should be included with the I-130:

Birth Certificate
Passport
Naturalization Certificate
Form FS-240, Report of Birth Abroad
An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
I-485

The I-485 form is used for the adjustment of status paperwork. Adjustment of status is the request by the foreign national to apply for and obtain permanent resident status in the U.S. The I-485 form calls for information about an individual's lawful status in the U.S. and any prior criminal or immigration problems.

There are many criteria an individual must meet in order to qualify for I-485 adjustment of status. Some of the fundamental requirements include last entering the country through proper inspection, being in lawful status in the U.S. and never working without permission in the U.S.

While most individuals may not adjust status if any of these criteria are not met, the last two are not impediments to an immediate relative wishing to adjust status within the U.S. INA 245(c) bar to adjustment because the person lacks current lawful status or the person worked without authorization does not apply to immediate relatives.

Even an immediate relative, however, is ineligible to adjust status within the U.S. if s/he last entered without inspection. In those cases, the immediate relative must return to the consulate abroad and apply for an I-601 hardship waiver. These matters are common seen with Mexican nationals who entered the U.S. without inspection and married a U.S. citizen. these individuals are ineligible to adjust status from within the U.S. and must process for an immigrant visa and I-601 hardship waiver at the U.S. Consulate in Ciudad Juarez.

Examples:

(1) A foreign national enters the U.S. under valid H-1B status. He works for one year under H-1B status and then leaves his employer. He begins work at a new employer but doe snot file new H-1B or any other work authorization paperwork. Two years later he marries a U.S. citizen and wishes to apply for a green card based on that relationship. Is the individual eligible to apply for I-485 adjustment of status?

Yes-Even though the foreign national no longer possesses lawful status and has worked without permission, he is still eligible to adjust status because he is applying as an immediate relative.

(2) A foreign national enters the U.S. without inspection by hiding in the back of someone's truck. The individual stays in the country for two years and marries a U.S. citizen. The individual does not wish to leave the U.S. and wants to apply for a green card through I-485 adjustment of status. Is he eligible?

No-There is no exception to the bar to adjustment of status for someone who entered the U.S. without inspection. if the individual wishes to apply for a green card, he must return to his consulate abroad and apply for an immigrant visa and I-601 hardship waiver.

G-325A

The form G-325A is a biographic information page used to collect critical biographic information of the U.S. citizen and foreign national. Background information required includes parent names, dates of birth and residences, current/prior marriages, current/prior residences and current/prior employment. G-325A forms will be included for both the U.S. citizen and foreign national with the I-130 paperwork, but only the foreign national with the I-485 paperwork.

I-864

The I-864 form relates to the affidavit of support requirement. the purpose of the form is to prove that the foreign national intending immigrant is provided enough financial support by the U.S. citizen spouse so that s/he does not become a public charge. The I-864 sponsor must be the U.S. spouse petitioner from the I-130, although a co-sponsor may be used if the U.S. citizen spouse cannot document enough income/assets. In some cases, the foreign national spouse's income may be used if the couple has been living together for at least six months.

All sponsors must submit the following documentation with their I-864:

Proof of current employment or self employment

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

A sponsor may also submit a photocopy or an Internal Revenue Service issued transcript of a complete Federal income tax returns for the second and third most recent tax years if these additional tax returns help establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use

In order to meet the affidavit of support requirement, the sponsor must demonstrate income that meets at least 125% of the poverty guidelines for the household size. (Poverty Guidelines) If the sponsor's income is insufficient, as briefly described above, s/he may utilize a household wage earner or co-sponsor. A household wage earner may file an I-864A form while a co-sponsor must file a separate I-864.

I-693 Medical Form

The I-693 medical form is used to determine whether an applicant for adjustment of status is admissible to the United States on medical grounds. The medical examination must be conducted by a civil surgeon who has been designated by Citizenship and Immigration Services (CIS). Find a Civil Surgeon

The I-693 medical results generally remain valid for 12 months (although that may be exended by CIS) and must remain sealed when filed.

I-765

The I-765 is the form used to apply for work permission while the green card paperwork is pending. If approved, the foreign national will receive an Employment Authorization Document (EAD). The EAD is generally valid for any position at any employer, including self-employment. In most cases, an EAD is issued within 60-90 days of filing.

I-131

The I-131 is the form used for travel permission while the green card paperwork is pending. If approved, the foreign national will receive multiple advance parole documents that may be used for entry back into the U.S.

Two Points of Caution with Advance Parole

Unless you are in H-1B or L-1 status, do not travel outside the U.S. after I-485 paperwork has been filed until the I-131 advance parole paperwork is approved. Traveling without an approved advance parole could lead to abandonment of the green card paperwork.

If you have any unlawful presence issues or concerns, do not travel outside of the U.S. even if you have an approved advance parole. Individuals who have accrued unlawful presence may trigger a bar to adjustment of status if they travel outside the U.S. while green card paperwork is pending.

See

http://srwlawyers.com/ImmigrationOptions/GreenCard/GreenCardThroughMarriageToUSCitizen/tabid/173/Default.aspx

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com

Hi Tania

In my experience, humanitarian reinstatement is rarely granted. I have seen it happen only once in nearly 20 years of immigration law practice. There is no deadline for the government to act and no receipt system for tracking so it can become like a black hole. The applicant may never get an approval and never get a denial notice either. It is typical that simply nothing happens for years and years. Unfortunately, many people who forgo alternatives because they think the reinstatemewnt will be approved...

When clients ask about the humanitarian reinstatement process, I always recommend alternative ways to immigrate, like employer sponsorship. With 7 of you in the US, one of you might know a friend or relative with a business who can offer to sponsor your sister for a green card. She will need to work for the sponsor full time after she gets here. This process takes about 3-5 years for approval.

Dear Jane

I assume your parents are living outside the US and will stay there until they immigrate. I assume you also filed separate I-130s for each parent. If so, once the I-130s are approved, the Citizenship and Immigration Service (CIS) will send you an approval notice that says it is transferring their cases to the National Visa Center (NVC). The NVC will send you a bill. Once you pay the bill, the NVC will send you the affidavit of support to complete and send back to the NVC. The NVC will send other forms and a document checklist for your parents to complete and return to the NVC, Once NVC has all the completed forms, they will set up an immigrant visa interview date for your parents to appear at the nearest US Consulate overseas.

Dear Brian1556

I recommend you dont have any unnecessary contact with a governemnt agency and pray for an Amnesty law in 2009.

Dear another1

If you have an E-2 as an employee of an E-2 company (you did not invest in the company), you cannot work for another employer unless you have a change of status.

If you have an E-2 as an investor, you can only gain income through your E-2 company but the E-2 company can get provide your services to another party under a contract between your company and the third party.

Dear Chitragurung

Section 221(g) means there is some mising information or documents. If the embassy did not ask you or the petitioner (US sponsoring employer) for any additional information or documents, it means that your case is under investigation for possible fraud. There is no time limit for this type of investigation.

You should be able to retreive your passport at any time. Unless the passport itself is being investgated as a possibly fruadulent document, the return of the passport should not affect the 221(g) process.

Dear Hafnhaf11

Have your fiancee check her J-1 papers to see if there is a notatation stating "subject to section 212(e)." If she is not subject to section 212(e), you can get married now and then she can file an application for adjustment of status. She can stay here and should be approved for a green card without having to leave the US.

As long as the E-2 was approved under a corporate name and the old and new business were / will be operated under the corporate name, you do not need to do anything with the immigration authorities until it is time to renew the visa or extend your period of stay.

Filing Form 1040NR is a definite probelm with the CIS but Form 2555 does not disqualify you from any immigration benefit.

You are eligible to file the N-400 when it has been four years and one day from the date you came back from the trip that broke the continuity of your residency.

What is "fadery?"

Hi Borncute

I am having a hard time understanding your situation.

Please identify your mother in law, your husband and your fiancee by first name.

Please tell me the citizenship, US immigration status and current country of residence for you, mother in law, your husband and your fiancee.

Please tell me which country you want to live in

Thanks

The E-2 visa does not automatically convert to permanent residence. An E-2 visa holder can become a US permanent resident in 3 main ways: Family, Investment, Employer
1. Family - you would need to be sponsored by a US citizen parent spouse child or sibling or by a permanent resident spouse or parent
2. Investment - you need to invest $1 million and create 10 new full time direct jobs for US citizens or permanent residents. The required investment can be lowered to $500,000 if the business is located in an area of high unemployment or rural area. The government will assume the job creation requirement has been met automatically if the investment is placed through an approved regional center.
3. Employer - you need to find an employer to offer you a full time job and sponsor you for a labor certification

Hi David

For obscure historical reasons, the investment treaty with the UK only provides the E-2 visa for UK citizens who actually reside in the British Isles. See footnote 10 at this link: http://www.state.gov/documents/organization/87221.pdf

If you are residing in Denmark, you may not get the E-2 visa; The US Embassy may tell you to resume residency in the British Isles and then reapply for the E-2 visa. Assuming this residency issue is resolved, I believe your business would qualify you for the E-2.

Good Question, and I am not sure of the answer, I think he has converted to F2B so you cannot stay in F2A-this is the type of question I'd need to either try and see what they do; I don't think there is an USCIS memoranudm on this issue

BY not being accredited I assume you mean that they cannot issue you form I-20, which you need to geta an F-1 visa or perhpas an M-1 visa in your case for a vocational student.

If they are not able to issue you this form then you cnanot get an F-1

IF, however you intend to come for a few months to what is called a 'recreational school' [and dance scholl may be classified as such]you should be OK doing this on the Visa Waiver Program. There is a certain amount of flexibility for short stays in such this case.

Its a pretty complex and common question of course.

Once a non immigrant visa minor dependent, such as an L-2, H-4 or E-2 son or daughter reaches 21 then they 'Age Out'. At that point they basically have to stand on their own two feet. Of course if the parent has managed to adjust status and received a Green card by that time, then the dependent can typically adjust status with them and obtain a Green card as a derivitive beneficiary. If the application is still pending on their 21st birthday, then whether or not the dependent can also adjust status depends on the application of the immigrant visa 'Age out' rules which often [but not always] serve to protect a dependent whose parents have filed an immigrant petition before they have turned 21.

Assuming this has not happened, the son or daughter then has to find a wholly independent basis for staying in the country. Often F-1 student status is the answer, sometimes E-2 dependent can be hired on as E-2 managers or somehow become E-2 investors themselves.

In short, they are on their own two feet at this time.