Question: What Is the Difference Between an Immigrant Visa and a Nonimmigrant Visa?
Your choice of visa is determined by the purpose of your travel to the United States.
Answer:
If your stay will be temporary, then you'll want to make an application for a nonimmigrant visa. This type of visa allows you to travel to a U.S. port-of-entry to request admittance from a Department of Homeland Security official.
If you are a citizen of a country that's part of the Visa Waiver Program, you may come to the U.S. without a visa if you meet certain requirements.
There are more than 20 visas available under the nonimmigrant classification, to cover the variety of reasons why someone may visit for a short time. These reasons include tourism, business, medical treatment and certain types of temporary work.
Immigrant visas are granted to those who intend to live and work permanently in the U.S. There are 4 major categories within this visa classification, including immediate relatives, special immigrants, family-sponsored and employer-sponsored.
Sunday, October 11, 2009
Student Visa Basics
General Information
Foreign students may study full time at thousands of learning institutions approved by USCIS, including American language schools, high schools, universities and other institutions of higher education.
If your main purpose of travel to the U.S. is tourism but you also want to take studies of less than 18 hours per week, you may be able to do so on a visitor visa. If, however, your studies will be more than 18 hours per week, you must secure an F-1 or M-1 student visa. F-1 student visas are granted to academic and language students for the full duration of their studies. M-1 student visas are issued to vocational students for up to 1 year of studies.
Application Process
First you must apply and get accepted to an USCIS-approved learning institution. Your school will provide you with Form I-20, F-1 or M-1 as applicable. Both you and your school must sign this form. Your school will enter this information into the Student and Exchange Visitor Information System (SEVIS), an internet-based system that maintains nonimmigrant student information.
You will also provide Form DS-156 Nonimmigrant Visa Application as well as DS-158 Contact Information and Work History for Nonimmigrant Visa Applicant.
After you application has been accepted, you will attend an interview. A digital fingerprint scan will be taken in addition to a digital photo.
You will need a passport with an expiry date at least 6 months past the end date of your period of study. A passport-type photograph must also be supplied as well as a receipt confirming all application fees have been paid.
Tip: Plan ahead! The summer months before the start of fall semesters are the busiest months for Embassies and Consulates, and you might have trouble getting an appointment during those months. Your visa can be issued 120 days or less in advance of your study registration date. If you apply more than 120 days in advance, your application will be held until the 120-day mark.
Documentation
Be prepared to provide transcripts and diplomas from previous institutions. You will also need to show your standardized tests scores. Both the learning institution as well as USCIS will need financial evidence showing that you and/or your sponsor can cover your tuition and living expenses while you're in the U.S. Proof may include tax documents, bank statements, and if applicable, business registrations and licenses.
Travel
You cannot arrive in the U.S. more than 30 days before your study start date. If you need to come sooner than this, you must obtain a visitor visa. Note, that if you choose this route, you will need to file for an adjustment from visitor status to student status. This will require an additional fee, and you can't begin your studies until the adjustment has been approved.
Entering the U.S.
When you arrive at the port-of-entry, you will provide Form I-20 to the Border Protection official. The official will review your documents and authorize your entry into the U.S. You will be enrolled in the US-VISIT program and an I-94 Arrival-Departure Record will be placed in your passport. DO NOT lose this form, as it is the only record of your arrival in the country.
Duration of a Student Visa
If you've been admitted for the full duration of your studies as an F-1 visa holder, you may remain in the U.S. until your studies are completed, even if this takes you beyond your F-1 visa expiry date. Even if your visa expires, you may remain in the States as long as you continue your full-time studies. Once your studies are complete, you are allowed some additional time before you must exit the country. F-1 students may stay for an additional 60 days.
M-1 students are admitted to the U.S. for a 1-year course of study. They have 30 days to depart the U.S. after completion of their studies, but their total time in the U.S. cannot exceed 1 year.
Foreign students may study full time at thousands of learning institutions approved by USCIS, including American language schools, high schools, universities and other institutions of higher education.
If your main purpose of travel to the U.S. is tourism but you also want to take studies of less than 18 hours per week, you may be able to do so on a visitor visa. If, however, your studies will be more than 18 hours per week, you must secure an F-1 or M-1 student visa. F-1 student visas are granted to academic and language students for the full duration of their studies. M-1 student visas are issued to vocational students for up to 1 year of studies.
Application Process
First you must apply and get accepted to an USCIS-approved learning institution. Your school will provide you with Form I-20, F-1 or M-1 as applicable. Both you and your school must sign this form. Your school will enter this information into the Student and Exchange Visitor Information System (SEVIS), an internet-based system that maintains nonimmigrant student information.
You will also provide Form DS-156 Nonimmigrant Visa Application as well as DS-158 Contact Information and Work History for Nonimmigrant Visa Applicant.
After you application has been accepted, you will attend an interview. A digital fingerprint scan will be taken in addition to a digital photo.
You will need a passport with an expiry date at least 6 months past the end date of your period of study. A passport-type photograph must also be supplied as well as a receipt confirming all application fees have been paid.
Tip: Plan ahead! The summer months before the start of fall semesters are the busiest months for Embassies and Consulates, and you might have trouble getting an appointment during those months. Your visa can be issued 120 days or less in advance of your study registration date. If you apply more than 120 days in advance, your application will be held until the 120-day mark.
Documentation
Be prepared to provide transcripts and diplomas from previous institutions. You will also need to show your standardized tests scores. Both the learning institution as well as USCIS will need financial evidence showing that you and/or your sponsor can cover your tuition and living expenses while you're in the U.S. Proof may include tax documents, bank statements, and if applicable, business registrations and licenses.
Travel
You cannot arrive in the U.S. more than 30 days before your study start date. If you need to come sooner than this, you must obtain a visitor visa. Note, that if you choose this route, you will need to file for an adjustment from visitor status to student status. This will require an additional fee, and you can't begin your studies until the adjustment has been approved.
Entering the U.S.
When you arrive at the port-of-entry, you will provide Form I-20 to the Border Protection official. The official will review your documents and authorize your entry into the U.S. You will be enrolled in the US-VISIT program and an I-94 Arrival-Departure Record will be placed in your passport. DO NOT lose this form, as it is the only record of your arrival in the country.
Duration of a Student Visa
If you've been admitted for the full duration of your studies as an F-1 visa holder, you may remain in the U.S. until your studies are completed, even if this takes you beyond your F-1 visa expiry date. Even if your visa expires, you may remain in the States as long as you continue your full-time studies. Once your studies are complete, you are allowed some additional time before you must exit the country. F-1 students may stay for an additional 60 days.
M-1 students are admitted to the U.S. for a 1-year course of study. They have 30 days to depart the U.S. after completion of their studies, but their total time in the U.S. cannot exceed 1 year.
What Is the Visa Waiver Program?
Question: What Is the Visa Waiver Program?
Answer:
Definition
The Visa Waiver Program (VWP) allows citizens of certain countries to travel to the U.S. for up to 90 days without obtaining a visa. Not all countries participate in the VWP, and not all visitors from VWP countries are eligible for the program.
Participating Countries
There are currently 35 countries participating in the VWP:
Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland and the United Kingdom.
Exceptions
Canada, Bermuda and Mexico do not participate in the VWP. The Immigration and Nationality Act allows visa-free travel under certain circumstances.
Requirements
Currently: Each VWP traveler must present a valid machine-readable passport and a signed I-94W Nonimmigrant Visa Waiver Arrival-Departure Record to U.S. officials at the port of entry.
Beginning January 12, 2009: Each VWP traveler may travel to the United States under the VWP provided they have an e-passport and an approved authorization via the Electronic System for Travel Authorization (ESTA™).
Visit the Department of State Visa Waiver Program for more information.
Answer:
Definition
The Visa Waiver Program (VWP) allows citizens of certain countries to travel to the U.S. for up to 90 days without obtaining a visa. Not all countries participate in the VWP, and not all visitors from VWP countries are eligible for the program.
Participating Countries
There are currently 35 countries participating in the VWP:
Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland and the United Kingdom.
Exceptions
Canada, Bermuda and Mexico do not participate in the VWP. The Immigration and Nationality Act allows visa-free travel under certain circumstances.
Requirements
Currently: Each VWP traveler must present a valid machine-readable passport and a signed I-94W Nonimmigrant Visa Waiver Arrival-Departure Record to U.S. officials at the port of entry.
Beginning January 12, 2009: Each VWP traveler may travel to the United States under the VWP provided they have an e-passport and an approved authorization via the Electronic System for Travel Authorization (ESTA™).
Visit the Department of State Visa Waiver Program for more information.
How Do I Check On the Status of My Case?
Online
If you have an application receipt number, you can check your case status by entering your 13-character receipt number on the USCIS My Case Status search page.
E-Mail
Create an account at USCIS My Case Status and sign up for automatic case status updates via e-mail.
Text Message
When you create an account at My Case Status, you can sign up to receive a text message notifying you when a case status update has occurred. (A U.S. cell phone number is required.)
Phone
Call the National Customer Service Center at 1-800-375-5283. Follow the voice prompts and have your application receipt number ready.
Mail
If you filed an application with your local USCIS FIeld Office, you can write directly to that office for an update. In your letter, be sure to include the following:
* Your name and address, and if different, your name as it appears on your application
* Your A-number (Alien number)
* Your date of birth
* The date and place your application was filed
* Your application receipt number
* A copy of the most recent notice sent to you by the USCIS, if you have received one
* The date and office where you were fingerprinted, as well as the location of your interview, if it has taken place or been assigned yet.
In Person
Make an InfoPass appointment and bring the following information with you:
* Your A-number
* The date and place your application was filed
* Your application receipt number
* Copies of any notices sent to you by the USCIS
Additional Resources
* Find out how long it will take to get your visa. You can also look up local processing times for USCIS applications and petitions.
* USCIS offers a toll-free military help line exclusively for members of the United States military and their immediate families.
* Looking for green card lottery results? Starting with DV-2010, diversity visa status information will be made available online.
If you have an application receipt number, you can check your case status by entering your 13-character receipt number on the USCIS My Case Status search page.
Create an account at USCIS My Case Status and sign up for automatic case status updates via e-mail.
Text Message
When you create an account at My Case Status, you can sign up to receive a text message notifying you when a case status update has occurred. (A U.S. cell phone number is required.)
Phone
Call the National Customer Service Center at 1-800-375-5283. Follow the voice prompts and have your application receipt number ready.
If you filed an application with your local USCIS FIeld Office, you can write directly to that office for an update. In your letter, be sure to include the following:
* Your name and address, and if different, your name as it appears on your application
* Your A-number (Alien number)
* Your date of birth
* The date and place your application was filed
* Your application receipt number
* A copy of the most recent notice sent to you by the USCIS, if you have received one
* The date and office where you were fingerprinted, as well as the location of your interview, if it has taken place or been assigned yet.
In Person
Make an InfoPass appointment and bring the following information with you:
* Your A-number
* The date and place your application was filed
* Your application receipt number
* Copies of any notices sent to you by the USCIS
Additional Resources
* Find out how long it will take to get your visa. You can also look up local processing times for USCIS applications and petitions.
* USCIS offers a toll-free military help line exclusively for members of the United States military and their immediate families.
* Looking for green card lottery results? Starting with DV-2010, diversity visa status information will be made available online.
Fiance Visa - Understanding the K1 Fiance Visa Process Immigrating to the U.S. as a Fiance
A K1 fiance visa is a nonimmigrant visa, which allows a foreign fiancé or fiancée (to simplify things, we'll use "fiance" in the rest of this article) entry into the U.S. to marry a U.S. citizen. After marriage, an application is made for an adjustment of status for permanent residence.
Obtaining the K1 visa is a multi-step process. First, the U.S. citizen files a petition to the U.S. Citizenship and Immigration Services (USCIS). Once that is approved, the foreign fiance will be allowed to complete the process to obtain a K1 visa. The foreign fiance will provide additional documentation to the local U.S. embassy, attend a medical exam and visa interview.
Filing the Fiance Visa Petition
* The U.S. citizen (also knows as the "petitioner") submits a petition for his or her foreign fiance (also known as the "beneficiary") to the USCIS.
* The petitioner submits Form I-129F Petition for Alien Fiance, along with Form G-325A Biographic Information, current fees and any required documentation to the appropriate USCIS Service Center.
* After a few weeks, the U.S. petitioner receives Form I-797, the first Notice of Action (NOA), from the USCIS acknowledging that the petition has been received.
* Depending on processing times, the petitioner then receives the second NOA from the USCIS acknowledging that the petition has been approved.
* The USCIS Service Center forwards the petition to the National Visa Center.
* The National Visa Center will process the file and run preliminary background checks on the beneficiary, then forward the approved petition to the beneficiary's embassy, as listed in the I-129F.
Acquiring the Fiance Visa
* The embassy receives the file and processes it locally.
* The embassy sends a package to the beneficiary that includes a checklist of documents that must be collected. The beneficiary will be instructed to send certain items back to the embassy immediately, while other items will be brought to the interview.
* The beneficiary will complete the checklist and any forms, include any documents required immediately and send the package back to the embassy.
* Once received, the consulate will send a letter to the beneficiary confirming the date and time of the visa interview.
* The beneficiary attends a medical interview.
* The beneficiary attends the visa interview. The interviewing officer will review all documents, ask questions, and make a decision on the case.
* If approved, the K1 fiance visa will be issued that day or within the week, depending on the embassy.
Activating the Fiance Visa - Entering the U.S.
* The beneficiary will travel to the U.S. within 6 months of the K1 fiance visa being issued.
* At the port of entry, an immigration officer will review the paperwork and finalize the visa, allowing the beneficiary to officially enter the U.S.
First Steps - In the U.S.
* The K1 fiance visa holder should apply for a Social Security number shortly after entering the U.S.
* The couple may now apply for a marriage license. Watch your timing! Most states apply a short waiting period between applying for the license and the marriage ceremony.
Marriage
* The happy couple can now tie the knot! The marriage must take place within 90 days of activating the K1 visa.
After Marriage
* If the foreign spouse is making a name change after marriage, take the new Social Security card and marriage certificate back to the Social Security Administration office to make a name change on the card.
Adjustment of Status
* Now it's time to apply for an Adjustment of Status (AOS) to become a permanent resident. It is important to file for the AOS before the K1 expiry date, otherwise you will be out-of-status. If the foreign spouse wants to work in the U.S. or travel outside the U.S. before permanent resident status is granted, an Employment Authorization Document (EAD) and/or Advance Parole (AP) must be filed along with the AOS.
Obtaining the K1 visa is a multi-step process. First, the U.S. citizen files a petition to the U.S. Citizenship and Immigration Services (USCIS). Once that is approved, the foreign fiance will be allowed to complete the process to obtain a K1 visa. The foreign fiance will provide additional documentation to the local U.S. embassy, attend a medical exam and visa interview.
Filing the Fiance Visa Petition
* The U.S. citizen (also knows as the "petitioner") submits a petition for his or her foreign fiance (also known as the "beneficiary") to the USCIS.
* The petitioner submits Form I-129F Petition for Alien Fiance, along with Form G-325A Biographic Information, current fees and any required documentation to the appropriate USCIS Service Center.
* After a few weeks, the U.S. petitioner receives Form I-797, the first Notice of Action (NOA), from the USCIS acknowledging that the petition has been received.
* Depending on processing times, the petitioner then receives the second NOA from the USCIS acknowledging that the petition has been approved.
* The USCIS Service Center forwards the petition to the National Visa Center.
* The National Visa Center will process the file and run preliminary background checks on the beneficiary, then forward the approved petition to the beneficiary's embassy, as listed in the I-129F.
Acquiring the Fiance Visa
* The embassy receives the file and processes it locally.
* The embassy sends a package to the beneficiary that includes a checklist of documents that must be collected. The beneficiary will be instructed to send certain items back to the embassy immediately, while other items will be brought to the interview.
* The beneficiary will complete the checklist and any forms, include any documents required immediately and send the package back to the embassy.
* Once received, the consulate will send a letter to the beneficiary confirming the date and time of the visa interview.
* The beneficiary attends a medical interview.
* The beneficiary attends the visa interview. The interviewing officer will review all documents, ask questions, and make a decision on the case.
* If approved, the K1 fiance visa will be issued that day or within the week, depending on the embassy.
Activating the Fiance Visa - Entering the U.S.
* The beneficiary will travel to the U.S. within 6 months of the K1 fiance visa being issued.
* At the port of entry, an immigration officer will review the paperwork and finalize the visa, allowing the beneficiary to officially enter the U.S.
First Steps - In the U.S.
* The K1 fiance visa holder should apply for a Social Security number shortly after entering the U.S.
* The couple may now apply for a marriage license. Watch your timing! Most states apply a short waiting period between applying for the license and the marriage ceremony.
Marriage
* The happy couple can now tie the knot! The marriage must take place within 90 days of activating the K1 visa.
After Marriage
* If the foreign spouse is making a name change after marriage, take the new Social Security card and marriage certificate back to the Social Security Administration office to make a name change on the card.
Adjustment of Status
* Now it's time to apply for an Adjustment of Status (AOS) to become a permanent resident. It is important to file for the AOS before the K1 expiry date, otherwise you will be out-of-status. If the foreign spouse wants to work in the U.S. or travel outside the U.S. before permanent resident status is granted, an Employment Authorization Document (EAD) and/or Advance Parole (AP) must be filed along with the AOS.
What Is Family-Based Immigration?
Question: What Is Family-Based Immigration?
Answer:
Family-based immigration is an immigrant visa classification. It allows a foreign national to become a lawful permanent resident through a relative who is a citizen or lawful permanent resident of the United States.
Both the immigrant and the U.S. citizen or permanent resident must successfully complete the immigration process to allow the foreign national to come to live and work permanently in the U.S. The U.S. citizen or permanent resident must sponsor the foreign national, proving that he or she has enough income or assets to support the immigrant when he or she enters the U.S.
Answer:
Family-based immigration is an immigrant visa classification. It allows a foreign national to become a lawful permanent resident through a relative who is a citizen or lawful permanent resident of the United States.
Both the immigrant and the U.S. citizen or permanent resident must successfully complete the immigration process to allow the foreign national to come to live and work permanently in the U.S. The U.S. citizen or permanent resident must sponsor the foreign national, proving that he or she has enough income or assets to support the immigrant when he or she enters the U.S.
Immigration Medical Exam
Immigration Medical Exam
Prepare for the Medical Exam
By Jennifer McFadyen, About.com
See More About:
* permanent residence
* temporary visas
* adjustment of status
* visa waivers
A medical exam is required for all immigrant visas and some nonimmigrant visas, as well as for refugees and adjustment of status applicants. The purpose of the medical exam is to determine if you have any health conditions that need attention prior to immigrating.
Admissibility
Panel physicians and civil surgeons will classify any medical conditions into "Class A" or "Class B." Class A medical conditions render you inadmissible to the U.S. The following four conditions would make you inadmissible on medical grounds:
* individuals who are found to have a communicable disease of public health significance, including, chancroid; gonorrhea; granuloma inguinale; acquired immune deficiency syndrome (HIV/AIDS); Hansen’s disease (infectious leprosy); lymphogranuloma venereum; infectious state syphilis; and infectious tuberculosis (Class A TB)
* immigrant visa and adjustment of applicants who have not received all of the required vaccinations
* individuals who have current physical or mental disorders, with harmful behavior associated with that disorder, or past physical or mental disorders, with associated harmful behavior that is likely to recur or lead to other harmful behavior
* individuals who are found to be drug abusers or drug addicts
Other medical conditions may be categorized as Class B and include physical or mental abnormalities, diseases, or serious/permanent disabilities. Waivers may be granted for Class B medical conditions.
While it is natural to worry about the outcome of your exam, being prepared will go a long way to helping you relax.
Before the Exam
The U.S. Citizenship and Immigration Services (USCIS) will provide you with a list of doctors or clinics they have approved to perform immigration medical exams. Make your appointment as soon as possible so as not to delay the processing of your file.
Complete form I-693 Medical Examination of Aliens Seeking Adjustment of Status and bring it with you to your appointment. Some consulates require you to provide passport-style photos at your medical exam. Check to see if your office requires photos as part of your supporting materials.
Bring payment as indicated by the doctor's office, clinic or as directed in your instruction packet from the USCIS.
You will be required to provide proof of immunizations. If you have any records of immunizations (vaccinations), bring them to your appointment. The doctor will tell you if additional immunizations are needed and where you can get them (usually at your local public health department).
If you have a chronic medical problem which you feel may impact the exam, bring copies of your medical records to show that you are being treated and that your condition is controlled.
Examination and Testing
The doctor will examine you for certain physical and mental health conditions. You will have to remove your clothes for the medical procedures. If the doctor determines that you need more tests because of a condition found during your medical exam, you may be sent to your own doctor or to the local public health department for tests or treatment.
Be completely honest during your exam and truthfully answer any questions posed by medical staff. It is not necessary, however, to volunteer more information than is requested of you.
You will be tested for tuberculosis (TB). Applicants two years old or older will be required to have a tuberculin skin test or chest x-ray. The doctor may require an applicant younger than two to have a skin test if the child has a history of contact with a known TB case, or if there is another reason to suspect TB disease.
You will have a blood test to determine if you have syphilis (if you are 15 years of age or older) as well as to see if you have the human immuno-deficiency virus (HIV) infection.
After the Exam
At the completion of your exam, the doctor or clinic will provide you with documentation that you will need to complete your adjustment of status.
If there are any irregularities regarding your medical exam, remember that the doctor is providing a medical opinion and can only make recommendations. The consulate or USCIS has the final decision on whether you will be approved.
Prepare for the Medical Exam
By Jennifer McFadyen, About.com
See More About:
* permanent residence
* temporary visas
* adjustment of status
* visa waivers
A medical exam is required for all immigrant visas and some nonimmigrant visas, as well as for refugees and adjustment of status applicants. The purpose of the medical exam is to determine if you have any health conditions that need attention prior to immigrating.
Admissibility
Panel physicians and civil surgeons will classify any medical conditions into "Class A" or "Class B." Class A medical conditions render you inadmissible to the U.S. The following four conditions would make you inadmissible on medical grounds:
* individuals who are found to have a communicable disease of public health significance, including, chancroid; gonorrhea; granuloma inguinale; acquired immune deficiency syndrome (HIV/AIDS); Hansen’s disease (infectious leprosy); lymphogranuloma venereum; infectious state syphilis; and infectious tuberculosis (Class A TB)
* immigrant visa and adjustment of applicants who have not received all of the required vaccinations
* individuals who have current physical or mental disorders, with harmful behavior associated with that disorder, or past physical or mental disorders, with associated harmful behavior that is likely to recur or lead to other harmful behavior
* individuals who are found to be drug abusers or drug addicts
Other medical conditions may be categorized as Class B and include physical or mental abnormalities, diseases, or serious/permanent disabilities. Waivers may be granted for Class B medical conditions.
While it is natural to worry about the outcome of your exam, being prepared will go a long way to helping you relax.
Before the Exam
The U.S. Citizenship and Immigration Services (USCIS) will provide you with a list of doctors or clinics they have approved to perform immigration medical exams. Make your appointment as soon as possible so as not to delay the processing of your file.
Complete form I-693 Medical Examination of Aliens Seeking Adjustment of Status and bring it with you to your appointment. Some consulates require you to provide passport-style photos at your medical exam. Check to see if your office requires photos as part of your supporting materials.
Bring payment as indicated by the doctor's office, clinic or as directed in your instruction packet from the USCIS.
You will be required to provide proof of immunizations. If you have any records of immunizations (vaccinations), bring them to your appointment. The doctor will tell you if additional immunizations are needed and where you can get them (usually at your local public health department).
If you have a chronic medical problem which you feel may impact the exam, bring copies of your medical records to show that you are being treated and that your condition is controlled.
Examination and Testing
The doctor will examine you for certain physical and mental health conditions. You will have to remove your clothes for the medical procedures. If the doctor determines that you need more tests because of a condition found during your medical exam, you may be sent to your own doctor or to the local public health department for tests or treatment.
Be completely honest during your exam and truthfully answer any questions posed by medical staff. It is not necessary, however, to volunteer more information than is requested of you.
You will be tested for tuberculosis (TB). Applicants two years old or older will be required to have a tuberculin skin test or chest x-ray. The doctor may require an applicant younger than two to have a skin test if the child has a history of contact with a known TB case, or if there is another reason to suspect TB disease.
You will have a blood test to determine if you have syphilis (if you are 15 years of age or older) as well as to see if you have the human immuno-deficiency virus (HIV) infection.
After the Exam
At the completion of your exam, the doctor or clinic will provide you with documentation that you will need to complete your adjustment of status.
If there are any irregularities regarding your medical exam, remember that the doctor is providing a medical opinion and can only make recommendations. The consulate or USCIS has the final decision on whether you will be approved.
Family-Sponsored Immigration - A Step-by-Step Immigration Guid
General Tips
The following suggestions will help make the immigration process smoother:
* Include a cover letter with the I-130 Petition detailing what you have included in the packet.
* Make two copies of everything in the packet. This should be a complete copy, including all forms, supporting materials and the check or money order for the filing fee. If the worst happens and the package gets lost in transit, you'll have a complete packet ready to resend. Be sure the foreign relative has complete copies as well, to take to the interview.
* When the foreign national is approved and secures an immigrant visa number, the visa will be valid for 6 months. You must arrive at a U.S. port of entry prior to the expiration date on the visa, otherwise the visa will expire and you will have to start the petition process from scratch.
The following suggestions will help make the immigration process smoother:
* Include a cover letter with the I-130 Petition detailing what you have included in the packet.
* Make two copies of everything in the packet. This should be a complete copy, including all forms, supporting materials and the check or money order for the filing fee. If the worst happens and the package gets lost in transit, you'll have a complete packet ready to resend. Be sure the foreign relative has complete copies as well, to take to the interview.
* When the foreign national is approved and secures an immigrant visa number, the visa will be valid for 6 months. You must arrive at a U.S. port of entry prior to the expiration date on the visa, otherwise the visa will expire and you will have to start the petition process from scratch.
Family-Sponsored Immigration - A Step-by-Step Immigration Guide
Immigrant Visa Number
After the USCIS has approved the initial petition, it will be forwarded to the NVC until an immigrant visa number becomes available. This applies to beneficiaries both within and outside the United States. You can find out when an immigrant visa number may become available for your category by checking the status in the Department of State's Visa Bulletin.
If you are already in the U.S. when a visa number becomes available, you will apply to adjust your status to that of a lawful permanent resident by submitting Form I-485, Application to Register Permanent Residence or Adjust Status.
If you are outside the U.S. when an immigrant visa number becomes available, you will complete the processing and secure a visa number at your U.S. consulate. NVC will provide you with the information you need to complete the processing. You will be asked to finalize a packet of information, which will include Form I-864 Affidavit of Support, supporting documents and additional fees. You must also attend a medical exam and interview.
After the USCIS has approved the initial petition, it will be forwarded to the NVC until an immigrant visa number becomes available. This applies to beneficiaries both within and outside the United States. You can find out when an immigrant visa number may become available for your category by checking the status in the Department of State's Visa Bulletin.
If you are already in the U.S. when a visa number becomes available, you will apply to adjust your status to that of a lawful permanent resident by submitting Form I-485, Application to Register Permanent Residence or Adjust Status.
If you are outside the U.S. when an immigrant visa number becomes available, you will complete the processing and secure a visa number at your U.S. consulate. NVC will provide you with the information you need to complete the processing. You will be asked to finalize a packet of information, which will include Form I-864 Affidavit of Support, supporting documents and additional fees. You must also attend a medical exam and interview.
Family-Sponsored Immigration - A Step-by-Step Immigration Guide
Putting Together the Petition
The U.S. relative (the petitioner) will get the ball rolling by submitting a petition to USCIS. The petitioner sends a completed Petition for Alien Relative packet to the USCIS office designated for the U.S. relative's geographic location. The petition will include required forms and a variety of documents and supporting materials. These include:
* Form I-130, Petition for Alien Relative
* Form G-325A Biographic Information (husband and wife)
* Proof that the petitioner is a U.S. citizen or lawful permanent resident
* Proof of a family relationship between petitioner and beneficiary Filing fee
USCIS will confirm receipt of the petition by sending Form I-797, Notice of Action. Once approved, USCIS will send a second Notice of Action to the petitioner. USCIS then sends the approved petition to the Department of State's National Visa Center (NVC).
The U.S. relative (the petitioner) will get the ball rolling by submitting a petition to USCIS. The petitioner sends a completed Petition for Alien Relative packet to the USCIS office designated for the U.S. relative's geographic location. The petition will include required forms and a variety of documents and supporting materials. These include:
* Form I-130, Petition for Alien Relative
* Form G-325A Biographic Information (husband and wife)
* Proof that the petitioner is a U.S. citizen or lawful permanent resident
* Proof of a family relationship between petitioner and beneficiary Filing fee
USCIS will confirm receipt of the petition by sending Form I-797, Notice of Action. Once approved, USCIS will send a second Notice of Action to the petitioner. USCIS then sends the approved petition to the Department of State's National Visa Center (NVC).
Family-Sponsored Immigration - A Step-by-Step Immigration Guide
An Overview of the Family-Sponsored Immigration Process
Family-sponsored immigration is a multi-step process that involves both the U.S. relative and the foreign national:
* The U.S. relative submits the Petition for Alien Relative to the USCIS
* USCIS approves the petition and forwards it to the National Visa Center (NVC)
* NVC notifies the foreign relative when an immigrant visa number becomes available
* The foreign relative secures the visa number by adjusting status (if residing in the U.S., or completing the process with the local U.S. Consulate if outside the U.S.)
Family-sponsored immigration is a multi-step process that involves both the U.S. relative and the foreign national:
* The U.S. relative submits the Petition for Alien Relative to the USCIS
* USCIS approves the petition and forwards it to the National Visa Center (NVC)
* NVC notifies the foreign relative when an immigrant visa number becomes available
* The foreign relative secures the visa number by adjusting status (if residing in the U.S., or completing the process with the local U.S. Consulate if outside the U.S.)
Family-Sponsored Immigration - A Step-by-Step Immigration Guide
If you want to come to the U.S. to live and work permanently and you have a relative who is a U.S. citizen or permanent resident, you may be able to obtain permanent residence through family-sponsored immigration.
If you want to come to the U.S. to live and work permanently and you have a relative who is a U.S. citizen or permanent resident, you may be able to obtain permanent residence through family-sponsored immigration.
This is a multi-step process that both the foreign relative (known as the beneficiary) and the U.S. citizen or lawful permanent resident (known as the petitioner or sponsor) must go through to obtain an immigrant visa.
The following steps will guide you through the process of immigrating to the U.S. through family sponsorship.
Family-Sponsored Immigration - A Step-by-Step Immigration Guide
Are You Eligible for Family-Sponsored Immigration?
People who want to become immigrants are classified by category based on a preference system. Your category is determined by the type of relationship you have with your U.S. sponsor.
Immediate relatives do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. This category is unlimited, meaning there is no restriction placed on the number of people that may immigrate under this category. Other relatives may obtain an immigrant visa number according to a preference system determined by USCIS. This is a limited category, and only a certain number of visa numbers will be assigned each year in this category.
Unlimited Family-Sponsored
* Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.
* Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.
Limited Family-Sponsored
* Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any.
* Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
* Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children.
* Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age.
Family-Sponsored Immigration - A Step-by-Step Immigration Guide
Does Your U.S. Relative Meet the Criteria?
Your U.S. relative must meet the following criteria in order to sponsor you to immigrate to the United States:
* They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
* They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support
While both U.S. citizens and lawful permanent relatives may petition for a foreign relative to immigrate to the U.S., there are differences between the type of relative each may sponsor.
If the sponsor is a U.S. citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
* Husband or wife
* Unmarried child under 21 years of age
* Unmarried son or daughter over 21
* Married son or daughter of any age
* Brother or sister, if the sponsor is at least 21 years old
* Parent, if the sponsor is at least 21 years old.
If your sponsor is a lawful permanent resident, he or she may petition for the following foreign national relatives:
* Husband or wife
* Unmarried son or daughter of any age.
In any case, the sponsor must be able to provide proof of the relationship.
If you want to come to the U.S. to live and work permanently and you have a relative who is a U.S. citizen or permanent resident, you may be able to obtain permanent residence through family-sponsored immigration.
This is a multi-step process that both the foreign relative (known as the beneficiary) and the U.S. citizen or lawful permanent resident (known as the petitioner or sponsor) must go through to obtain an immigrant visa.
The following steps will guide you through the process of immigrating to the U.S. through family sponsorship.
Family-Sponsored Immigration - A Step-by-Step Immigration Guide
Are You Eligible for Family-Sponsored Immigration?
People who want to become immigrants are classified by category based on a preference system. Your category is determined by the type of relationship you have with your U.S. sponsor.
Immediate relatives do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. This category is unlimited, meaning there is no restriction placed on the number of people that may immigrate under this category. Other relatives may obtain an immigrant visa number according to a preference system determined by USCIS. This is a limited category, and only a certain number of visa numbers will be assigned each year in this category.
Unlimited Family-Sponsored
* Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.
* Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.
Limited Family-Sponsored
* Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any.
* Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
* Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children.
* Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age.
Family-Sponsored Immigration - A Step-by-Step Immigration Guide
Does Your U.S. Relative Meet the Criteria?
Your U.S. relative must meet the following criteria in order to sponsor you to immigrate to the United States:
* They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
* They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support
While both U.S. citizens and lawful permanent relatives may petition for a foreign relative to immigrate to the U.S., there are differences between the type of relative each may sponsor.
If the sponsor is a U.S. citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
* Husband or wife
* Unmarried child under 21 years of age
* Unmarried son or daughter over 21
* Married son or daughter of any age
* Brother or sister, if the sponsor is at least 21 years old
* Parent, if the sponsor is at least 21 years old.
If your sponsor is a lawful permanent resident, he or she may petition for the following foreign national relatives:
* Husband or wife
* Unmarried son or daughter of any age.
In any case, the sponsor must be able to provide proof of the relationship.
Exchange Program Visa
Foreign nationals may experience life in the U.S. through the exchange program. A nonimmigrant visa classification designed for temporary visits to the U.S.
General Information
Exchange programs are a marvelous way for foreign nationals to come to the United States for a short period of time to experience the American way of life. Through educational and cultural exchange programs, participants can learn new skills to take back to their home countries. Everyone benefits through the development of lasting relationships and a better understanding of different countries. Indeed, the friendships that form as a result of exchange programs can last a lifetime.
Public and private entities act as exchange sponsors. Designated sponsoring organizations help foreign nationals enter the U.S. as exchange visitors in one of the following exchange visitor program categories:
* Au pair
* Camp Counselor
* Student, college/university
* Student, secondary
* Government Visitor
* International Visitor (reserved for U.S. Department of State use)
* Alien physician
* Professor
* Research Scholar
* Short-term Scholar
* Specialist
* Summer work/travel
* Teacher
* Trainee
Application Process
To participate in one of the programs you must secure a nonimmigrant exchange program visitor visa, otherwise known as a "J" visa.
The first step in the process is to apply and get accepted into one of the Exchange Visitor Program categories through a designated sponsoring organization. Once you have been accepted by a sponsor, you may apply for your J visa at the American Embassy or Consulate with jurisdiction over your place of permanent residence.
Required Documentation
* Your exchange program sponsor will provide you with Form DS 2019, Certificate of Eligibility for Exchange Visitor Status. Your school will enter this information into the Student and Exchange Visitor Information System (SEVIS), an internet-based system that maintains nonimmigrant student information.
* A Training/Internship Placement Plan, Form DS-7002 (for trainee or intern visa applicants only).
* You will also provide Form DS-156 Nonimmigrant Visa Application as well as DS-158 Contact Information and Work History for Nonimmigrant Visa Applicant.
* A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Five countries are now designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, and Iran.
After your application has been received, you will attend an interview interview at the embassy or consulate if you are between the ages of 14 through 79. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate.
The consular official will determine if you are eligible for the J visa. The offical will determine if you fulfill all requirements including:
* That you plan to remain in the U.S. for a temporary, specific, limited period
* Evidence of funds to cover expenses in the United States
* Evidence that you have strong social and economic ties back home to ensure that you will return home when your exchange program visa expires.
You will need a passport with an expiry date at least 6 months past the end date of your period of study. A passport-type photograph must also be supplied as well as a receipt confirming all application fees have been paid. A digital fingerprint scan will be taken in addition to a digital photo.
Tip: Plan ahead! The summer months before the start of fall semesters are the busiest months for Embassies and Consulates, and you might have trouble getting an appointment during those months.
Spouses and Children
Some sponsors may give you authorization to be accompanied by your spouse (husband or wife) and children. If this is the case, your sponsor will enter your dependent(s) information into SEVIS and they will provide additional copies of Form DS-2019 so your dependent(s) can apply with you.
Be advised that your J2 spouse or children may not work in the U.S. unless they apply using Form I-765 Application for Employment Authorization and receive permission to work. However, all J2 dependents may study while in the U.S. without needing to apply for a student visa.
Travel
You cannot arrive in the U.S. more than 30 days before your study start date. If you need to come sooner than this, you must obtain a visitor visa. Note, that if you choose this route, you will need to file for an adjustment from visitor status to student status. This will require an additional fee, and you can't begin your studies until the adjustment has been approved.
Entering the U.S.
When you arrive at the port-of-entry, you will provide Form I-20 to the Border Protection official. The official will review your documents and authorize your entry into the U.S. You will be enrolled in the US-VISIT program and an I-94 Arrival-Departure Record will be placed in your passport. DO NOT lose this form, as it is the only record of your arrival in the country.
Source: Department of State
More Ways to Get a Temporary Visa
* Student Visa
* Fiance Visa
* Visa Waiver Program
General Information
Exchange programs are a marvelous way for foreign nationals to come to the United States for a short period of time to experience the American way of life. Through educational and cultural exchange programs, participants can learn new skills to take back to their home countries. Everyone benefits through the development of lasting relationships and a better understanding of different countries. Indeed, the friendships that form as a result of exchange programs can last a lifetime.
Public and private entities act as exchange sponsors. Designated sponsoring organizations help foreign nationals enter the U.S. as exchange visitors in one of the following exchange visitor program categories:
* Au pair
* Camp Counselor
* Student, college/university
* Student, secondary
* Government Visitor
* International Visitor (reserved for U.S. Department of State use)
* Alien physician
* Professor
* Research Scholar
* Short-term Scholar
* Specialist
* Summer work/travel
* Teacher
* Trainee
Application Process
To participate in one of the programs you must secure a nonimmigrant exchange program visitor visa, otherwise known as a "J" visa.
The first step in the process is to apply and get accepted into one of the Exchange Visitor Program categories through a designated sponsoring organization. Once you have been accepted by a sponsor, you may apply for your J visa at the American Embassy or Consulate with jurisdiction over your place of permanent residence.
Required Documentation
* Your exchange program sponsor will provide you with Form DS 2019, Certificate of Eligibility for Exchange Visitor Status. Your school will enter this information into the Student and Exchange Visitor Information System (SEVIS), an internet-based system that maintains nonimmigrant student information.
* A Training/Internship Placement Plan, Form DS-7002 (for trainee or intern visa applicants only).
* You will also provide Form DS-156 Nonimmigrant Visa Application as well as DS-158 Contact Information and Work History for Nonimmigrant Visa Applicant.
* A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Five countries are now designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, and Iran.
After your application has been received, you will attend an interview interview at the embassy or consulate if you are between the ages of 14 through 79. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate.
The consular official will determine if you are eligible for the J visa. The offical will determine if you fulfill all requirements including:
* That you plan to remain in the U.S. for a temporary, specific, limited period
* Evidence of funds to cover expenses in the United States
* Evidence that you have strong social and economic ties back home to ensure that you will return home when your exchange program visa expires.
You will need a passport with an expiry date at least 6 months past the end date of your period of study. A passport-type photograph must also be supplied as well as a receipt confirming all application fees have been paid. A digital fingerprint scan will be taken in addition to a digital photo.
Tip: Plan ahead! The summer months before the start of fall semesters are the busiest months for Embassies and Consulates, and you might have trouble getting an appointment during those months.
Spouses and Children
Some sponsors may give you authorization to be accompanied by your spouse (husband or wife) and children. If this is the case, your sponsor will enter your dependent(s) information into SEVIS and they will provide additional copies of Form DS-2019 so your dependent(s) can apply with you.
Be advised that your J2 spouse or children may not work in the U.S. unless they apply using Form I-765 Application for Employment Authorization and receive permission to work. However, all J2 dependents may study while in the U.S. without needing to apply for a student visa.
Travel
You cannot arrive in the U.S. more than 30 days before your study start date. If you need to come sooner than this, you must obtain a visitor visa. Note, that if you choose this route, you will need to file for an adjustment from visitor status to student status. This will require an additional fee, and you can't begin your studies until the adjustment has been approved.
Entering the U.S.
When you arrive at the port-of-entry, you will provide Form I-20 to the Border Protection official. The official will review your documents and authorize your entry into the U.S. You will be enrolled in the US-VISIT program and an I-94 Arrival-Departure Record will be placed in your passport. DO NOT lose this form, as it is the only record of your arrival in the country.
Source: Department of State
More Ways to Get a Temporary Visa
* Student Visa
* Fiance Visa
* Visa Waiver Program
Employer-Sponsored Green Card
U.S. employers may sponsor eligible foreign nationals for a green card. Find out what is required for immigration through employment.
General Information
Eligible foreign nationals may be able to obtain a green card through employment. If a U.S. employer has a permanent job opportunity available for you and is willing to sponsor you for permanent residency, then you may be able to immigrate to the U.S. based on employment.
Eligibility
To be eligible for employer-sponsored immigration, you must fall into one of the following four categories:
* EB-1 Priority workers
* EB-2 Professionals with advanced degrees or persons with exceptional ability
* EB-3 Skilled or professional workers
* EB-4 Special Immigrants
Application Process
Obtaining the visa is a multi-step process.
* Labor Certification: First, the U.S. employer must complete a labor certification request and submit it to the Department of Labor's Employment and Training Administration. The DOL must determine that there are no qualified U.S. workers "able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers". The DOL will either grant or deny the certification request. (Note: This does not apply to foreign physicians who will practice medicine in an area of the U.S. which has been certified as underserved by the U.S. Department of Health and Human Services.)
* Petition: When the certification request has been approved, the U.S. employer (known as the petitioner) must submit an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the U.S. (knows as the beneficiary).
After the petition has been approved, USCIS will send a notice to the petitioner and send the approved petition to the Department of State's National Visa Center where it will remain until an immigrant visa number becomes available. This applies to beneficiaries both within and outside the United States.
* Permanent Residence: Once you receive an immigrant visa number, you will need permission to live and work permanently in the U.S. This is achieved through conditional permanent residence.
If you are already in the U.S. when a visa number becomes available, you will apply to adjust your status to that of a lawful permanent resident by submitting Form I-485, Application to Register Permanent Residence or Adjust Status.
If you are outside the U.S. when an immigrant visa number becomes available, you will complete the processing and secure a visa number at your U.S. consulate. The American consulate or embassy will provide you with the information you need to complete the processing. You will be asked to finalize a packet of information, which will include supporting documents and additional fees. You must also attend a medical exam and interview.
* Remove Conditions on Residence: If you completed your immigration processing outside the U.S., you will have received conditional permanent resident status. Conditional permanent residence is valid for two years after approval. To remain in the U.S., you need to remove the conditions on your residency. Within 90 days of the 2-year anniversary date of residency, you would file Form I-751, Petition to Remove Conditions on Permanent Residence.
More About Immigration Visas
* Immigrant Visa Numbers
* Family-Sponsored Immigration
* Medical Exams
Life in the U.S.
* Entering the U.S.
* Getting a Driver's License in the U.S.
* Apply for a Social Security Number
General Information
Eligible foreign nationals may be able to obtain a green card through employment. If a U.S. employer has a permanent job opportunity available for you and is willing to sponsor you for permanent residency, then you may be able to immigrate to the U.S. based on employment.
Eligibility
To be eligible for employer-sponsored immigration, you must fall into one of the following four categories:
* EB-1 Priority workers
* EB-2 Professionals with advanced degrees or persons with exceptional ability
* EB-3 Skilled or professional workers
* EB-4 Special Immigrants
Application Process
Obtaining the visa is a multi-step process.
* Labor Certification: First, the U.S. employer must complete a labor certification request and submit it to the Department of Labor's Employment and Training Administration. The DOL must determine that there are no qualified U.S. workers "able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers". The DOL will either grant or deny the certification request. (Note: This does not apply to foreign physicians who will practice medicine in an area of the U.S. which has been certified as underserved by the U.S. Department of Health and Human Services.)
* Petition: When the certification request has been approved, the U.S. employer (known as the petitioner) must submit an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the U.S. (knows as the beneficiary).
After the petition has been approved, USCIS will send a notice to the petitioner and send the approved petition to the Department of State's National Visa Center where it will remain until an immigrant visa number becomes available. This applies to beneficiaries both within and outside the United States.
* Permanent Residence: Once you receive an immigrant visa number, you will need permission to live and work permanently in the U.S. This is achieved through conditional permanent residence.
If you are already in the U.S. when a visa number becomes available, you will apply to adjust your status to that of a lawful permanent resident by submitting Form I-485, Application to Register Permanent Residence or Adjust Status.
If you are outside the U.S. when an immigrant visa number becomes available, you will complete the processing and secure a visa number at your U.S. consulate. The American consulate or embassy will provide you with the information you need to complete the processing. You will be asked to finalize a packet of information, which will include supporting documents and additional fees. You must also attend a medical exam and interview.
* Remove Conditions on Residence: If you completed your immigration processing outside the U.S., you will have received conditional permanent resident status. Conditional permanent residence is valid for two years after approval. To remain in the U.S., you need to remove the conditions on your residency. Within 90 days of the 2-year anniversary date of residency, you would file Form I-751, Petition to Remove Conditions on Permanent Residence.
More About Immigration Visas
* Immigrant Visa Numbers
* Family-Sponsored Immigration
* Medical Exams
Life in the U.S.
* Entering the U.S.
* Getting a Driver's License in the U.S.
* Apply for a Social Security Number
How Long Will It Take to Get My Visa?
If you want to know how long it will take to get your visa, the U.S. Department of State provides an online tool showing visa wait times in all Consular locations.
Question: How Long Will It Take to Get My Visa?
Answer:
The U.S. Department of State provides an online tool that you can use to estimate how long you will have to wait to get an interview appointment to apply for a visa.
In addition to interview wait times, this online tool will also tell you how long it will take for your nonimmigrant visa to be processed at the Consular Section, after a decision is made by a Consular Officer to issue the visa and the visa is available for pick-up by you or the courier at the embassy. Please note that this processing time does not include any time required for administrative processing.
You will not find information about K or V visas using this tool, since these visas are processed similar to immigrant visas. A and G visas are also excluded.
Question: How Long Will It Take to Get My Visa?
Answer:
The U.S. Department of State provides an online tool that you can use to estimate how long you will have to wait to get an interview appointment to apply for a visa.
In addition to interview wait times, this online tool will also tell you how long it will take for your nonimmigrant visa to be processed at the Consular Section, after a decision is made by a Consular Officer to issue the visa and the visa is available for pick-up by you or the courier at the embassy. Please note that this processing time does not include any time required for administrative processing.
You will not find information about K or V visas using this tool, since these visas are processed similar to immigrant visas. A and G visas are also excluded.
Why Are Vaccinations Necessary?
Find out why vaccinations are a necessary component of the immigration medical exam.
Question: Why Are Vaccinations Necessary?
Answer:
On September 30, 1996, Congress amended the Immigration and Nationality Act by adding a new subsection to the health-related grounds of inadmissibility: “Proof of Vaccination Requirements for Immigrants.” This new subsection requires any person who seeks an immigrant visa to show proof of having received vaccination against vaccine-preventable diseases as recommended by the U.S. Advisory Committee on Immunization Practices (ACIP). The ACIP is an advisory committee to the Centers for Disease Control and Prevention that makes general recommendations on immunizations, including safe and effective vaccination schedules.
Question: Why Are Vaccinations Necessary?
Answer:
On September 30, 1996, Congress amended the Immigration and Nationality Act by adding a new subsection to the health-related grounds of inadmissibility: “Proof of Vaccination Requirements for Immigrants.” This new subsection requires any person who seeks an immigrant visa to show proof of having received vaccination against vaccine-preventable diseases as recommended by the U.S. Advisory Committee on Immunization Practices (ACIP). The ACIP is an advisory committee to the Centers for Disease Control and Prevention that makes general recommendations on immunizations, including safe and effective vaccination schedules.
Who Determines the Required Vaccinations?
Find out who determines what vaccines are required for new immigrants.
Question: Who Determines the Required Vaccinations?
Answer: The Secretary of Health and Human Services sets the immigration medical exam regulations including required vaccinations, under the authority of the Immigration and Nationality Act and the Public Health Service Act.
Question: Who Determines the Required Vaccinations?
Answer: The Secretary of Health and Human Services sets the immigration medical exam regulations including required vaccinations, under the authority of the Immigration and Nationality Act and the Public Health Service Act.
Must I Receive All Vaccines in a Series Before Leaving for the U.S.?
Find out if a vaccination series must be completed in full before leaving for the U.S.
Question: Must I Receive All Vaccines in a Series Before Leaving for the U.S.?
Answer:
Completing a vaccine series can take several months, so you may be worried that you will have to stay in your own country to complete the series before being allowed to travel to the U.S. Thankfully this is not the case.
Visa applicants are not required to receive all doses of the vaccines before they leave. Instead, they must have received at least one dose of each recommended vaccine and should take as many doses as suggested before they leave. The series can be finished up after arrival in the U.S.
Question: Must I Receive All Vaccines in a Series Before Leaving for the U.S.?
Answer:
Completing a vaccine series can take several months, so you may be worried that you will have to stay in your own country to complete the series before being allowed to travel to the U.S. Thankfully this is not the case.
Visa applicants are not required to receive all doses of the vaccines before they leave. Instead, they must have received at least one dose of each recommended vaccine and should take as many doses as suggested before they leave. The series can be finished up after arrival in the U.S.
What Are the Required Vaccines?
A list of the vaccines required to immigrate to the U.S.
Question: What Are the Required Vaccines?
Answer:
Immigrants are required to receive vaccinations for vaccine-preventable diseases as recommended by the U.S. Advisory Committee on Immunization Practices (ACIP). An immigrants's vaccination history, medical history and age will determine which of the vaccines will be required.
List of vaccine-preventable diseases:
1. Mumps
2. Measles
3. Rubella
4. Polio
5. Tetanus
6. Diphtheria
7. Pertussis
8. Haemophilus influenzae Type B
9. Rotavirus
10. Hepatitis A
11. Hepatitis B
12. Meningocococcal disease
13. Human papillomavirus
14. Varicella
15. Pneumococcal pneumonia
16. Influenza
17. Zoster
Souce: Centers for Disease Control and Prevention
Question: What Are the Required Vaccines?
Answer:
Immigrants are required to receive vaccinations for vaccine-preventable diseases as recommended by the U.S. Advisory Committee on Immunization Practices (ACIP). An immigrants's vaccination history, medical history and age will determine which of the vaccines will be required.
List of vaccine-preventable diseases:
1. Mumps
2. Measles
3. Rubella
4. Polio
5. Tetanus
6. Diphtheria
7. Pertussis
8. Haemophilus influenzae Type B
9. Rotavirus
10. Hepatitis A
11. Hepatitis B
12. Meningocococcal disease
13. Human papillomavirus
14. Varicella
15. Pneumococcal pneumonia
16. Influenza
17. Zoster
Souce: Centers for Disease Control and Prevention
Who Pays For the Vaccinations?
Vaccinations can be expensive. Find out who must pay for any required vaccines.
Question: Who Pays For the Vaccinations?
Answer: That depends on your panel physician or civil surgeon. While some doctors include the cost of standard vaccinations in the cost of the medical exam, most will charge for any vaccinations required in addition to the cost of the medical exam. Check with the doctor before you show up for your appointment so you're prepared.
Question: Who Pays For the Vaccinations?
Answer: That depends on your panel physician or civil surgeon. While some doctors include the cost of standard vaccinations in the cost of the medical exam, most will charge for any vaccinations required in addition to the cost of the medical exam. Check with the doctor before you show up for your appointment so you're prepared.
Can I Refuse to be Vaccinated on Religious or Moral Grounds?
vaccinations vaccines requirements religious moral immigration medical exam
Question: Can I Refuse to be Vaccinated on Religious or Moral Grounds?
Answer:
You may request an exemption from the vaccination requirement if the vaccinations would be against your religious beliefs or moral convictions.
You will need to submit Form I-160 Application for Waiver of Ground of Inadmissibility with evidence to show that you are opposed to vaccinations in any form; the objection is based on religious belief or moral conviction; and the belief or conviction is sincere.
Question: Can I Refuse to be Vaccinated on Religious or Moral Grounds?
Answer:
You may request an exemption from the vaccination requirement if the vaccinations would be against your religious beliefs or moral convictions.
You will need to submit Form I-160 Application for Waiver of Ground of Inadmissibility with evidence to show that you are opposed to vaccinations in any form; the objection is based on religious belief or moral conviction; and the belief or conviction is sincere.
What Can I Bring to Show Proof of Immunizations?
Question: What Can I Bring to Show Proof of Immunizations?
Answer:
If you've already been vaccinated for certain diseases and you want to avoid being re-vaccinated, you can bring a personal vaccination record or a copy of the medical record with entries made by a physician or appropriate medical personnel to your medical exam.
Before the exam, ask your family doctor for a copy of your immunization record. You might also be able to obtain immunization records from schools you've attended.
Answer:
If you've already been vaccinated for certain diseases and you want to avoid being re-vaccinated, you can bring a personal vaccination record or a copy of the medical record with entries made by a physician or appropriate medical personnel to your medical exam.
Before the exam, ask your family doctor for a copy of your immunization record. You might also be able to obtain immunization records from schools you've attended.
The Immigration Medical Exam
A medical exam is mandatory for all refugees coming to the U.S., all applicants outside the U.S. applying for an immigrant visa and aliens in the U.S. applying for adjustment of status to permanent resident.
Medical exams are not normally required for nonimmigrant visas, although a consular officer or immigration officer at the U.S. port of entry may request an exam if there is reason to suspect that an inadmissible health-related condition exists.
The Exam
Prepare for the Medical Exam
Medical exams are required for many immigrant and nonimmigrant visas. Learn what to expect during an immigration medical exam.
What is a Panel Physician?
Outside the U.S., medical examinations are performed by approximately 400 physicians (panel physicians) selected by Department of State consular officials.
What is a Civil Surgeon?
In the U.S., medical examinations are performed by approximately 3,000 physicians (called civil surgeons) designated by district directors of the USCIS.
Vaccinations
Why Are Vaccinations Necessary?
Find out why vaccinations are a necessary component of the immigration medical exam.
Who Determines the Required Vaccinations?
Find out who determines what vaccines are required for new immigrants.
What Are the Required Vaccines?
A list of the vaccines required to immigrate to the U.S.
Who Pays For the Vaccinations?
Vaccinations can be expensive. Find out who must pay for any required vaccines.
What Can I Bring to Show Proof of Immunizations?
If you've already been immunized against certain diseases, you can avoid being re-vaccinated if you can show evidence of the vaccinations.
Must I Receive All Vaccines in a Series Before Leaving for the U.S.?
Find out if a vaccination series must be completed in full before leaving for the U.S
The Debate Over Gardasil
Gardasil has been added to the list of vaccination requirements for immigrating females between the ages of 11 and 26.
Can I Refuse to be Vaccinated on Religious or Moral Grounds?
You are required to be vaccinated against vaccine-preventable diseases, but what if you're against vaccinations because of your religious beliefs or moral convictions?
A medical exam is mandatory for all refugees coming to the U.S., all applicants outside the U.S. applying for an immigrant visa and aliens in the U.S. applying for adjustment of status to permanent resident.
Medical exams are not normally required for nonimmigrant visas, although a consular officer or immigration officer at the U.S. port of entry may request an exam if there is reason to suspect that an inadmissible health-related condition exists.
The Exam
Prepare for the Medical Exam
Medical exams are required for many immigrant and nonimmigrant visas. Learn what to expect during an immigration medical exam.
What is a Panel Physician?
Outside the U.S., medical examinations are performed by approximately 400 physicians (panel physicians) selected by Department of State consular officials.
What is a Civil Surgeon?
In the U.S., medical examinations are performed by approximately 3,000 physicians (called civil surgeons) designated by district directors of the USCIS.
Vaccinations
Why Are Vaccinations Necessary?
Find out why vaccinations are a necessary component of the immigration medical exam.
Who Determines the Required Vaccinations?
Find out who determines what vaccines are required for new immigrants.
What Are the Required Vaccines?
A list of the vaccines required to immigrate to the U.S.
Who Pays For the Vaccinations?
Vaccinations can be expensive. Find out who must pay for any required vaccines.
What Can I Bring to Show Proof of Immunizations?
If you've already been immunized against certain diseases, you can avoid being re-vaccinated if you can show evidence of the vaccinations.
Must I Receive All Vaccines in a Series Before Leaving for the U.S.?
Find out if a vaccination series must be completed in full before leaving for the U.S
The Debate Over Gardasil
Gardasil has been added to the list of vaccination requirements for immigrating females between the ages of 11 and 26.
Can I Refuse to be Vaccinated on Religious or Moral Grounds?
You are required to be vaccinated against vaccine-preventable diseases, but what if you're against vaccinations because of your religious beliefs or moral convictions?
A medical exam is mandatory for all refugees coming to the U.S., all applicants outside the U.S. applying for an immigrant visa and aliens in the U.S. applying for adjustment of status to permanent resident.
Coming to the U.S. on a Visa
Read up on the types of visas that will allow you to visit, live and work in the U.S. Learn the steps you need to take to file for a visa, get help with the forms and find out what you can expect during the process.
Mexican citizens may apply at consular sections around the world for a TN visa. An interview at the embassy consular section is required for most visa applicants. Interviews are by appointment only, and the waiting time for an interview appointment for most applicants is a few weeks or less, but for some embassy consular sections it can be considerably longer. You can check visa wait times for interview appointments on the USCIS website.
Mexican citizens must submit the following:
* Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application."
* Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. For this purpose nationals of the following countries designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, and Iran must submit the supplemental form. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form.
* A passport valid for travel to the U.S., which is valid at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions).
* One (1) 2x2 photograph. A photograph is not required if you are applying in Mexico.
* Employment letter
* Nonimmigrant visa application processing fee
Spouses and Children
Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. embassy or consulate.
Source: USCIS
More About the TN Visa
* NAFTA TN Visa
* TN Visa Requirements For Canadian Citizens
Mexican citizens who meet the education and professional requirements may come to the U.S. under the nonimmigrant NAFTA professional worker TN visa.
A Canadian citizen does not normally need to apply for a TN visa. Instead, application can be made at a port of entry. If, however, you are a Canadian living in another country with a non-Canadian spouse and children, you would need a visa to allow your spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. To apply for a TN visa in this situation, you would follow the requirements for Mexican citizens.
Canadian citizens may apply directly at a U.S. port of entry by providing the following:
* A request for admission under TN status to the Department of Homeland Security, Customs and Border Protection, U.S. immigration officer
* Employment letter
* Proof of professional qualifications such as college/university transcripts, licenses, certificates, degrees and employment records which establish qualification for the prospective job.
* Proof of ability to meet any license requirements
* Proof of Canadian Citizenship
* Payment of the fee of US$50
Spouses and Children
Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:
* Proof of Canadian citizenship
* Proof of relationship to the principal applicant, such as marriage certificate and birth certificate
* Photocopies of entry documents of the principal applicant
If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. embassy or consulate. They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications.
Canadian citizens who meet the education and professional requirements may come to the U.S. under the nonimmigrant NAFTA professional worker TN visa
Overview
The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico.
Over 60 qualifying professional occupations are listed in Appendix 1603.D.1 of NAFTA. Those who meet the requirements may be granted a temporary, nonimmigrant visa in the United States for a period of three years.
Qualifications For a TN Visa
Professionals of Canada or Mexico may work in a professional occupation in the U.S. provided that all of these conditions are met:
* Applicant is a citizen of Canada or Mexico (permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional)
* Profession is on the NAFTA list
* Position in the U.S. requires a NAFTA professional
* Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer
* Professional Canadian or Mexican citizen has the qualifications of the profession
Requirements
Read about the requirements specific to Canadian citizens and Mexican citizens.
Employment Letter
You must provide a letter of employment from an employer in the U.S. indicating that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.
Part-time employment is permitted, but self-employment is not permitted. An employment letter or contract providing a detailed description of the business activities should state the following:
* Activity in which the applicant shall be engaged
* Purpose of entry
* Anticipated length of stay
* Educational qualifications or appropriate credentials demonstrating professional status
* Evidence of compliance with DHS regulations, and/or state laws
* Arrangements for pay
* Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.
Additional Documentation or Qualifying Requirements
Additionally, applicants must demonstrate that they are properly classifiable as NAFTA Professional for TN visa, under U.S. law by:
* Education Requirement: The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement, chapter 16 appendix 1603.d.1. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation.
* Work Experience Requirement - Document proving to the applicant's experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving that self-employment.
Spouses and Children
Spouses and children (unmarried children under the age of 21) who are accompanying or following to join TN visa holders may receive a derivative Trade Dependent (TD) visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. but they are permitted to study.
Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status.
How to Apply For an Extension
Applicants may seek an extension of stay of up to three years. There is no limit on the number of extensions that may be granted.
Application for extension can be made in one of two ways:
* If the applicant is in the U.S., the employer may file Form I-129 Petition for Non-immigrant Worker with the USCIS Nebraska Service Center
* Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.
Source: USCIS
More About the TN Visa
* TN Visa Requirements For Mexican Citizens
* TN Visa Requirements For Canadian Citizens
Mexican and Canadian citizens who meet the education and professional requirements may come to the U.S. under the nonimmigrant NAFTA professional worker TN visa.
What is Gardasil?
Gardasil, a vaccine manufactured by Merck and Co., protects against the sexually transmitted human papillomavirus, or HPV, which causes cervical cancer and genital warts. As of July 1, 2008, the vaccine is required for females ages 11 through 26 who are seeking refugee status in the U.S., applying for an immigrant visa or adjusting status within the U.S. to that of permanent resident.
How Did It Become a Requirement?
The addition of Gardasil to the Technical Instructions for Vaccination for civil surgeons conducting medical examinations of aliens came as a result of recommendations from the Center for Disease Control's (CDC) Advisory Committee on Immunization Practices (ACIP). The Department of Health and Human Services (HHS)/CDC have the regulatory authority to set the requirements for medical exams, which includes vaccination requirements.
Controversy
Gardasil is given in three shots over a six-month period and costs about $400. It is one of the most expensive and controversial vaccines, mainly because it is given at such as young age and has shown to have serious adverse affects. Of the more than 16 million doses of Gardasil distributed nationwide as of June 30, 2008, there were 9,749 reports of adverse events following Gardasil vaccination. Of these, 6% were labeled as serious events which included 20 deaths, and 94% were classified as non-serious events. Both the FDA and CDC, however, continue to find that the benefits of Gardasil outweigh the risks and have said that Gardasil is a "safe and effective vaccine."
Concerns From an Immigration Perspective
The Gardasil vaccination requirement forces young, immigrating females into a difficult situation. In addition to concerns over possible adverse events, the high cost of the vaccination places an additional burden on already cash-strapped immigrants who are paying out hundreds of dollars on filing fees, medical exams, attorneys and moving expenses. What's most troubling, though, is while Gardasil is recommended by the ACIP, the vaccination is mandatory for immigrating girls and women but not for American citizens. Virginia is the only state in the U.S. that has added Gardasil to its list of vaccines required for schoolchildren.
Should You Be Concerned?
The good news is Gardasil may benefit millions of people. The FDA says that, "Each year, more than 12,000 American women are diagnosed with cervical cancer, and almost 4,000 women die from this disease. In addition, about 6.2 million Americans become infected with genital HPV each year. Worldwide, cervical cancer is the second most common cancer in women, with 233,000 deaths per year." The FDA believes that Gardasil is the vaccine that will change these numbers.
As is the case with all vaccines, you may request a waiver if there are religious or moral reasons why you cannot receive the Gardasil vaccine.
Gardasil has been added to the list of vaccination requirements for immigrating females between the ages of 11 and 26.
Mexican citizens may apply at consular sections around the world for a TN visa. An interview at the embassy consular section is required for most visa applicants. Interviews are by appointment only, and the waiting time for an interview appointment for most applicants is a few weeks or less, but for some embassy consular sections it can be considerably longer. You can check visa wait times for interview appointments on the USCIS website.
Mexican citizens must submit the following:
* Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application."
* Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. For this purpose nationals of the following countries designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, and Iran must submit the supplemental form. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form.
* A passport valid for travel to the U.S., which is valid at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions).
* One (1) 2x2 photograph. A photograph is not required if you are applying in Mexico.
* Employment letter
* Nonimmigrant visa application processing fee
Spouses and Children
Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. embassy or consulate.
Source: USCIS
More About the TN Visa
* NAFTA TN Visa
* TN Visa Requirements For Canadian Citizens
Mexican citizens who meet the education and professional requirements may come to the U.S. under the nonimmigrant NAFTA professional worker TN visa.
A Canadian citizen does not normally need to apply for a TN visa. Instead, application can be made at a port of entry. If, however, you are a Canadian living in another country with a non-Canadian spouse and children, you would need a visa to allow your spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. To apply for a TN visa in this situation, you would follow the requirements for Mexican citizens.
Canadian citizens may apply directly at a U.S. port of entry by providing the following:
* A request for admission under TN status to the Department of Homeland Security, Customs and Border Protection, U.S. immigration officer
* Employment letter
* Proof of professional qualifications such as college/university transcripts, licenses, certificates, degrees and employment records which establish qualification for the prospective job.
* Proof of ability to meet any license requirements
* Proof of Canadian Citizenship
* Payment of the fee of US$50
Spouses and Children
Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:
* Proof of Canadian citizenship
* Proof of relationship to the principal applicant, such as marriage certificate and birth certificate
* Photocopies of entry documents of the principal applicant
If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. embassy or consulate. They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications.
Canadian citizens who meet the education and professional requirements may come to the U.S. under the nonimmigrant NAFTA professional worker TN visa
Overview
The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico.
Over 60 qualifying professional occupations are listed in Appendix 1603.D.1 of NAFTA. Those who meet the requirements may be granted a temporary, nonimmigrant visa in the United States for a period of three years.
Qualifications For a TN Visa
Professionals of Canada or Mexico may work in a professional occupation in the U.S. provided that all of these conditions are met:
* Applicant is a citizen of Canada or Mexico (permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional)
* Profession is on the NAFTA list
* Position in the U.S. requires a NAFTA professional
* Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer
* Professional Canadian or Mexican citizen has the qualifications of the profession
Requirements
Read about the requirements specific to Canadian citizens and Mexican citizens.
Employment Letter
You must provide a letter of employment from an employer in the U.S. indicating that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.
Part-time employment is permitted, but self-employment is not permitted. An employment letter or contract providing a detailed description of the business activities should state the following:
* Activity in which the applicant shall be engaged
* Purpose of entry
* Anticipated length of stay
* Educational qualifications or appropriate credentials demonstrating professional status
* Evidence of compliance with DHS regulations, and/or state laws
* Arrangements for pay
* Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.
Additional Documentation or Qualifying Requirements
Additionally, applicants must demonstrate that they are properly classifiable as NAFTA Professional for TN visa, under U.S. law by:
* Education Requirement: The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement, chapter 16 appendix 1603.d.1. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation.
* Work Experience Requirement - Document proving to the applicant's experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving that self-employment.
Spouses and Children
Spouses and children (unmarried children under the age of 21) who are accompanying or following to join TN visa holders may receive a derivative Trade Dependent (TD) visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. but they are permitted to study.
Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status.
How to Apply For an Extension
Applicants may seek an extension of stay of up to three years. There is no limit on the number of extensions that may be granted.
Application for extension can be made in one of two ways:
* If the applicant is in the U.S., the employer may file Form I-129 Petition for Non-immigrant Worker with the USCIS Nebraska Service Center
* Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.
Source: USCIS
More About the TN Visa
* TN Visa Requirements For Mexican Citizens
* TN Visa Requirements For Canadian Citizens
Mexican and Canadian citizens who meet the education and professional requirements may come to the U.S. under the nonimmigrant NAFTA professional worker TN visa.
What is Gardasil?
Gardasil, a vaccine manufactured by Merck and Co., protects against the sexually transmitted human papillomavirus, or HPV, which causes cervical cancer and genital warts. As of July 1, 2008, the vaccine is required for females ages 11 through 26 who are seeking refugee status in the U.S., applying for an immigrant visa or adjusting status within the U.S. to that of permanent resident.
How Did It Become a Requirement?
The addition of Gardasil to the Technical Instructions for Vaccination for civil surgeons conducting medical examinations of aliens came as a result of recommendations from the Center for Disease Control's (CDC) Advisory Committee on Immunization Practices (ACIP). The Department of Health and Human Services (HHS)/CDC have the regulatory authority to set the requirements for medical exams, which includes vaccination requirements.
Controversy
Gardasil is given in three shots over a six-month period and costs about $400. It is one of the most expensive and controversial vaccines, mainly because it is given at such as young age and has shown to have serious adverse affects. Of the more than 16 million doses of Gardasil distributed nationwide as of June 30, 2008, there were 9,749 reports of adverse events following Gardasil vaccination. Of these, 6% were labeled as serious events which included 20 deaths, and 94% were classified as non-serious events. Both the FDA and CDC, however, continue to find that the benefits of Gardasil outweigh the risks and have said that Gardasil is a "safe and effective vaccine."
Concerns From an Immigration Perspective
The Gardasil vaccination requirement forces young, immigrating females into a difficult situation. In addition to concerns over possible adverse events, the high cost of the vaccination places an additional burden on already cash-strapped immigrants who are paying out hundreds of dollars on filing fees, medical exams, attorneys and moving expenses. What's most troubling, though, is while Gardasil is recommended by the ACIP, the vaccination is mandatory for immigrating girls and women but not for American citizens. Virginia is the only state in the U.S. that has added Gardasil to its list of vaccines required for schoolchildren.
Should You Be Concerned?
The good news is Gardasil may benefit millions of people. The FDA says that, "Each year, more than 12,000 American women are diagnosed with cervical cancer, and almost 4,000 women die from this disease. In addition, about 6.2 million Americans become infected with genital HPV each year. Worldwide, cervical cancer is the second most common cancer in women, with 233,000 deaths per year." The FDA believes that Gardasil is the vaccine that will change these numbers.
As is the case with all vaccines, you may request a waiver if there are religious or moral reasons why you cannot receive the Gardasil vaccine.
Gardasil has been added to the list of vaccination requirements for immigrating females between the ages of 11 and 26.
Immigration Quote of the Week
I got news for all of these critics, all of these politicians: I'm going to continue to do everything I've been doing--nothing changes. In fact, it's going to be easier not being under the control, and handcuffed by, the federal government and all [of] their Mickey Mouse bureaucracies and policies. So I am free of the federal government and I will now continue to concentrate as the elected sheriff of this county and arrest those people, here, in this county, illegally."
- Sheriff Joe Arpaio during a news conference on Tuesday, responding to Homeland Security's revised 287(g) federal immigration program. The renewed deal restricts the Sheriff's deputies' authority to make immigration arrests in the field. Sheriff Joe will only be authorized to perform immigration checks at his jails.
USCIS Updates Case Status Online
Thursday October 8, 2009
During President Obama's first immigration reform meeting back in June, we were told that the USCIS.gov website would undergo a facelift to make the site more "efficient, transparent and user-friendly." As part of this redesign project, "Case Status Online" is now called "My Case Status." With it, comes a few important updates.
For the first time, customers can view the steps associated in processing applications and petitions and get an description of each step. When customers enter a receipt number, they will see at what stage they are in the process.
On the same page, customers can also view USCIS national goals and national averages for different types of petitions and forms, as well as processing times for the office where their case is pending.
Customers may still sign up to receive automatic case status updates. Receiving these updates via e-mail is still an option, but USCIS has also added text message notifications. A U.S. cell phone number is required for the text message notifications and standard messaging rates apply, but this is a fabulous new offering for people on-the-go.
Read about all of your options for checking your case status.
Avoid Green Card Lottery Scams
Wednesday October 7, 2009
The DV-2011 green card lottery opened last Friday and you have until the end of November to register in this year's lottery. Before you take the plunge, be sure you understand how to enter the DV green card lottery and follow the official instructions published by the Department of State.
You should also pay close attention to the State Department's fraud warning. Here are 5 tips on how to avoid DV green card lottery scams.
Immigration Quote of the Week
Saturday October 3, 2009
"We hope that we'll be able to prevent what happened with health care to happening with immigration so people can grapple with the tough questions we're facing. Reform will happen because people are able to look at this issue in a much more informed and measured way."
- Liz Sevcenko, director of the International Coalition of Sites of Conscience. On September 30th, a national network of museums called the Immigration Sites of Conscience, launched special programs to educate their visitors and stimulate public conversation about immigration both past and present.
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