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(DOS) annual report of immigrant visa applications

Department of State (DOS)  annual report of  immigrant visa applications in the family-sponsored and employment-based preferences registered at the National Visa Center (NVC).

(DOS) Visa Bulletin for December 2010

Department of State (DOS) Visa Bulletin for December 2010. Section E addresses retrogression of Philippines family cut-off dates. Section F addresses visa availability in coming months.

How the Policy Review will change USCIS policy

A USCIS news release and Q&As on the agency-wide Policy Review including the first 10 issue areas for review, public survey results and how the Policy Review will change USCIS policy. The issue areas include H-1Bs, family-based adjustment of status, Form I-601 and more.

What options does an illegal teenager have when both parents are immigrants?

There are various issues as to what they might qualify for. However, if they are under 21, they can climb on the petitions of their parents. Thus, we would have to see what the parents might qualify for. If the child is under 18 years and 6 months, they should consider leaving the U.S. because they would not be subject to the 3/10 year bar.

Family petition

Child citizenship act

Child deportation

Once I file a family based immigration petition, can I add additional family members to it?

Can an illegal mother with USC child stays legally?

Can an illegal mother with two children(one is us citizen and the other is mexican citizen) stay legally in us? – Immigration – Avvo.com http://ping.fm/lZKaV

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What is K-3 Visa?

Can US citizen spouse file for k3 visa if he filed bankruptcy? – Immigration – Avvo.com http://ping.fm/secFQ

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Is Fiancee Visa takes time to approved?

This is the alternative to waiting outside the United States for nearly a year to be with your spouse. Rather than getting married outside the United States, you can have a Fiancée Visa issued in a very short time. In fact, it usually takes only thirty to forty-five days to get an approval from the Bureau of Citizenship and Immigration Services.

Once the visa is issued, your fiancée will come to the United States and you will get married within ninety days in the United States. Afterwards, your spouse will be with you in the United States while awaiting issuance of the Green Card. Your spouse can also leave the United States without any problem of returning.

Any children that your fiancée has can also come to the United States once the visa is issued. This visa automatically allows your fiancée to work upon entry to the United States.

Can you immigrate to the United States?

Question: I would like to know if I am eligible to come to the United States and immigrate so I can get my Green Card. I am very confused and am unsure of the possible ways. Can you shed some light on this subject?

Answer: Through family-based immigration, a U.S. citizen or LPR can sponsor his or her close family members for permanent residence. A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers and sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. As a result of recent changes in the law, all citizens or LPR’s wishing to petition for a family member must have an income at least 125% of the federal poverty level and sign a legally enforceable affidavit to support their family member.

Through employment-based immigration, a U.S. employer can sponsor a foreign-born employee for permanent residence. Typically, the employer must first demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job for which an immigrant visa is being sought.

Through various special related visas for religious persons or multinational managers.

As a refugee or asylee, a person may gain permanent residence in the U.S. A person located outside the United States who seeks protection in the U.S. on the grounds that he or she faces persecution in his or her homeland can enter this country as a refugee. In order to be admitted to the U.S. as a refugee, the person must prove that he or she has a “well-founded fear of persecution” on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. Like a refugee, an asylum applicant must prove that he or she has a “well-founded” fear of persecution based on one of the five enumerated grounds listed above. Once granted asylum, the person is called an “asylee.” In most cases, an individual must apply for asylum within one year of arriving in the U.S. Refugees and asylees may apply for permanent residence after one year in the U.S.

Question: How many immigrants are admitted to the United States every year?

Answer: Family-based immigration is limited by statute to 480,000 persons per year. There is no numerical cap on the number of immediate relatives (spouses, minor unmarried children and parents of U.S. citizens) admitted annually to the U.S. as immigrants. However, the number of immediate relatives is subtracted from the 480,000 cap on family-based immigration to determine the number of other family-based immigrants to be admitted in the following year (with a floor of 226,000). Employment-based immigration is limited by statute to 140,000 persons per year. The United States accepts only a limited number of refugees from around the world each year. This number is determined every year by the President in consultation with Congress. The total number of annual “refugee slots” is divided among different regions of the world. For fiscal year 2003, the number of refugee admissions was set at 70,000.

The numbers may sound like a large amount. However, since so many people want to come into the U.S., there are many people who have to wait 10 to 20 years to have their turn to enter the U.S. as a Lawful Permanent Resident.

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How can I be reunited with my family?

 Question: I am a Lawful Permanent Resident and have petitioned my spouse and child years ago. However, I am heartbroken because I have not been with them in years. Is there anything I can do?

Answer: The Legal Immigration Family Equity Act (LIFE Act) established a nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

The Visa classification is known as the K-3/4 nonimmigrants. The K3 applies to the spouse and the K4 applies to the children.

Question: Who is Eligible?

Answer: A person may receive a K-3 visa if that person: 1) Has concluded a valid marriage with a citizen of the United States; 2) has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person; 3) seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and, has an approved Form I-129F, Petition for Alien Fiancée, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

Question: How Do I Apply?

Answer: So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file the necessary forms on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form Notice of Action, indicating that the I-130 has been received by the BCIS. The citizen should then file a copy of this notice with the appropriate forms to the BCIS office in Illinois.

Once approved, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas.

Question: Will I Get a Work Permit?

Answer: Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases are pending.

Question: Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

Why do I have to wait so long to be with my U.S. Spouse?

 Question: I just married my U.S. Citizen husband in my home country. I thought I could just go to the United States and live with him. However, I found out it is actually is going to take over one year to get back together with my husband. I am heartbroken. Is there anything I can do to speed up this process?

Answer: Yes. There is what is known as a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

Question: Who is Eligible?

A person may receive a K-3 visa if that person: has concluded a valid marriage with a citizen of the United States; has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person; seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and, has an approved Form I-129F, Petition for Alien Fiancé, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

Question: Will I Get a Work Permit?

Answer: Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases are pending.

Question: Can I Travel Outside the United States?

Answer: If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.