Hi, My husband came to US on L1 B visa on March 2014. He then did COS from L1b to L1A in December 2016 and got it approved. He wanted to file green card in EB1 c category. Following requirements he qualify for EB1c eligibility: 1. He worked as a...
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
Your petitioning employer must be a US employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the
supervisor's supervisory duties unless the employees supervised are professional.
See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.
My I-129 was initially denied on Nov 2016 due to insufficient documents justifying EE relationship. Later Dec, 2016 MTR was filed and the form I-290B got approved on Feb 15th, 2017. The I-129 was re-opened the same day. It has been 45 days now, ...
Check your case status at https://egov.uscis.gov/casestatus/landing.do.See question
My mother came to the USA from Mexico in 1995. I was born in California in 1996, I am now 20 years old. I would like to petition for my mother and my grandmother who both raised me but I'm not sure if they would receive the pardon for living illeg...
You need to consult with an immigration attorney.
However, for the benefit of an understanding of the complex process and the difficulties that undocumented individuals face in this country, here is a brief procedure based on the USCIS helpful websites:
Undocumented Parents of US Citizens Living in the US
The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a US Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as “consular processing.” All undocumented immigrants have to leave the country for consular processing.
However, undocumented individuals will be barred from entering the US for a period of time. Foreign nationals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. Typically, these foreign nationals cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States.
Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of US citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview. On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.
Therefore, the US citizen or permanent resident petitioner should follow the following steps:
1) Sponsor parents or other eligible immediate family members by submitting a visa petition to USCIS on Form I-130, by indicating in Question 22 to Form I-130 that the immigrant will apply for an immigrant visa abroad at a US consulate abroad.
2) After the I-130 has been approved, USCIS will transfer the file to the National Visa Center (NVC) for further action and transfer to the consulate.
3) Immediately after the I-130 approval, Provisional Waiver Application (USCIS Form I-601A) should be submitted to the USCIS with the fee $630 for Form I-601A , and the biometrics (fingerprinting) fee $85 for applicants under the age of 79. See https://www.uscis.gov/i-601a regarding this form.
4) NVC should be notified via email at NVCi601a@state.gov about the pending Provisional Waiver Application to make sure that the NVC to schedule the immigrant visa interview after USCIS has made a decision on the provisional stateside waiver application. The Department of State (DOS) has estimated that it will schedule applicants for their immigrant visa interview within about two or three months of USCIS approving the stateside waiver request and the applicant filing all the necessary visa forms and documents. Applicants can remain in the US during this time period.
Consult with an immigration attorney.
It's been a month since we sent the DS-260 and the required documents to the NVC and nothing yet.. when will they contact us for the interview? Should we call them?
You may call NVC https://travel.state.gov/content/visas/en/immigrate/nvc/nvc-contact-information.htmlSee question
But my marriage to the USA citizen didn't workout so we needs to divorce but am now an American citizen and at the same time I had resolved the issue with my Ex in my home country...Here is my question can i re-marry my EX that I had once divorc...
The burden is on the applicant to establish a valid marriage with the spouse, and in most cases, a marriage certificate is prima facie evidence that the marriage was properly and legally performed.See question
My husband is 46 years old and filed for SSD right after having a stroke ; his benefits have been denied twice . He was able to manage a part time job last month a (barely 2 days a week) and is trying to provide for our family despite the many eff...
Yes, eligibility for different benefit programs depend on your immigration status, length of time in the United States, and income,See question
I am a US citizen and I married an ON an OFF girlfriend from Morocco. We married in July 2016 and I filled for her Green Card in Nov 2016. But in the last few months I have noticed that her intention were not to stay with me but she wants to get h...
One may withdraw a petition or application prior to adjudication. Although a withdrawal by a petitioner is not necessarily an indication of fraud, the facts surrounding any prior withdrawal will be considered in a subsequent petition filed by the same petitioner. Consult with an attorney. Aliens deriving their immigrant status based on a marriage of less than two years are conditional immigrants. If the alien cannot show that the marriage through which the status was obtained was and is a valid one, the conditional immigrant status may be terminated and they may become deportable.See question
Hi, I need an advice. My wife entered the US on K1 fiancee visa. We submitted her I-485 AOS application, and we have an interview in few days. I am a US Citizen (by naturalization), the proof of my US Citizenship that I used in her I-485 applica...
You have to bring originals of all documentation submitted with the application including passports, official travel documents, and Form I-94 regardless if they are expired.See question
Hi, I received my bachelor's in US and am currently working full-time. My employer is going to sponsor H1B for me in April. My passport expires in late August this year and there may not be enough time to renew it at the embassy before April. M...
Information provided insufficient to provide an answer to this question. Consult with an attorney.See question
On the N-400 application, and on part 6: section 3 it asks: IS YOUR FATHER A US CITIZEN? Facts: My mother is only a green card holder and my father was a NATURALIZED US citizen but he passed away last year, should I answer the question with ye...
If your father was a NATURALIZED US citizen, do you have any evidence that he lost his citizenship?
The United States government is entitled to accurate information about people who are asking permission to enter and stay in the country. Failure to provide the required information may result in revocation of citizenship, e.g., failure to disclose a prior conviction is fraud against the United States. Consult with an attorney, if you have concerns about your father's citizenship.