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William Lowell
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www.greencardapply.com is the largest online resources for U.S. immigration, Green Card application, and U.S. working visa application. We provide detailed U.S. immigration and Green Card application processes and requirements, answer various immigration and Green Card application related questions, and supply Complete Do-It-Yourself Green Card Application Packages and U.S. Working Visa Application Packages.
www.greencardapply.com is the largest online resources for U.S. immigration, Green Card application, and U.S. working visa application. We provide detailed U.S. immigration and Green Card application processes and requirements, answer various immigration and Green Card application related questions, and supply Complete Do-It-Yourself Green Card Application Packages and U.S. Working Visa Application Packages.

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My I-485 Application Is Still Pending, Do I Have to Renew My EAD?

Question,

My I-485 application of status adjustment is still pending, and my EAD will expire soon. Do I have to renew my EAD? and when should I renew it?

Answer,

Aliens with pending adjustment of status I-485 applications should check the expiration dates of their EAD (Employment Authorization Document). EADs may be requested in connection with the I-485 filing. It is important to remember that the authorization to work is limited to the validity dates listed on the EAD. Working without authorization, even for those with pending I-485, can have serious consequences, including potential denial of the I-485 application.

It is important to file the EAD renewal at least 90 days in advance of the expiration date of the current EAD. Filings are permitted up to 120 days in advance. While most EADs are processed within the required 90-day timeframe, delays occur on occasion. The simple and obvious solution is to file the EAD as far in advance as permitted, namely 120 days before its expiration date to avoid a gap in employment.

http://www.greencardapply.com/question/question18/Renew_EAD_040118.htm
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The Final Merits Determination for USCIS to Evaluate an EB-1A Petition

Question,

I am in the process of EB1 Extraordinary Ability (EB-1A) petition. What is the "final merits determination" for USCIS to evaluate an EB-1A petition?

Answer,

The U.S. Court of Appeals for the Ninth Circuit issued a decision for Mr. Kazarian's EB1 Extraordinary Ability (EB-1A) petition, concluding that USCIS should reserve any evaluation of the record evidence that otherwise meets the plain language requirements of the regulatory criteria for a separate and subsequent "final merits determination."

The two-step review articulated in Kazarian case provides a reasonable interpretation and application of the existing regulatory standard. To promote consistency, USCIS has adopted the two-step review process for cases arising both within and outside the jurisdiction of the Ninth Circuit.

Thus, the proper procedure for evaluating an EB1 Extraordinary Ability visa petition is twofold. First, USCIS will analyze the record and count the number of evidentiary criteria met, without imposing novel substantive or evidentiary requirements beyond those set forth by regulation. Second, if the petitioner submits evidence that meets at least three of the criteria, USCIS will then review the record in its totality in a final merits determination to determine if the alien is one of that small percentage of individuals who have risen to the very top of their field, has sustained national or international acclaim, and that his or her achievements have been recognized by others in the field of expertise.

At the second step, USCIS will consider not only the quantum of evidence, but also its quality, including relevance, probative value, and credibility. If the record establishes that it is more likely than not that the individual has sustained national or international acclaim and recognition in the field of expertise, and is one of that small percentage who has risen to the very top of their field of endeavor, then the petitioner has met his or her burden of proof.

http://www.greencardapply.com/question/question18/EB1A_Final_Merits_040218.htm
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The Basic Requirements of Green Card Petition for Spouse or Child

Question:

As a green card holder, what are the basic requirements of Green Card petition for spouse or child?

Answer:

The spouse or child of U.S. Permanent Resident category provides foreign spouses and children of permanent residents the opportunity to reunite with family living in the United States and become permanent residents. Permanent Residents have the right to live and work in the United States permanently, leave and return to the United States with few limitations, attend public schools and colleges and become a U.S. citizen when eligible to do so.

As a green card holder, or permanent resident, you may petition for certain family members to immigrate to the United States as permanent residents. You may petition for the following family members:

1) Spouse, husband or wife;
2) Unmarried children under 21,
3) Unmarried son or daughter of any age.

To be eligible for a Green Card as a spouse or child of a U.S. Permanent Resident, the foreign spouse and the U.S. lawful permanent resident must be legally married as evidenced by a valid marriage certificate. In addition, the lawful permanent resident must be residing in the United States at the time of the application.

Children of the lawful permanent resident must prove relationships through birth certificates, adoption papers and marriage certificates. Applicants must also meet certain health and character requirements.

If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”

http://www.greencardfamily.com/question/question2018/Permanent_Resident_Spouse_030418.htm
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The Form DS-260 for Online Immigrant Visa Application and Registration

Question:

The Form I-130 application for my family members have been approved by USCIS. What is the next step for my family members to get an immigrant visa to enter United States.

Answer:

After your form I-130 is approved by USCIS, the form U.S. Department of States form DS-260 is used to apply for a U.S. immigrant visa. The form DS-260 is an online Immigrant Visa Application and Registration form used to collect the needed application information from persons seeking U.S. immigrant visas. This form is completed and submitted online to the Department of State via the Internet through the Consular Electronic Applications Center (CEAC).

You can access the DS-260 from the Consular Electronic Application Center (CEAC) website, by going to Immigrant Visas.state.gov and clicking on “Submit Visa Application and Civil Documents,” or on the website of the U.S. embassy or consulate where you will apply.

After you pay your fees, you and each qualified family member immigrating with you must complete the Application for Immigrant Visa and Alien Registration (Form DS-260) in the Consular Electronic Application Center (CEAC). You may wish to preview a sample DS-260 before beginning.
Submitting Form DS-260 does not formally execute a visa application. The visa application is not formally made until the visa applicant is interviewed by a U.S. consular officer.
You will need your NVC Case Number, Beneficiary ID Number, and Invoice ID Number from your NVC Welcome Letter, to access CEAC.
After submitting Form DS-260 online, you must print the confirmation page and bring it to your interview. You can print this from CEAC any time after you complete your DS-260 application.
It is important to distinguish the mandatory use of the DS-260 for processing at all U.S. embassies and consulates worldwide from the "Electronic Processing Program" used for electronic submission of documents and the I-864 Affidavit of Support for processing at select embassies and consulates. Under this program, the I-864 is downloaded, completed, signed, scanned, saved as a PDF file and e-mailed to the NVC.

Also, the required civil documents and supporting documents must be converted to PDF files and then e-mailed to the NVC. For these select consular posts it is not required to mail the I-864, civil documents, and other supporting documents to the NVC, but the applicant must be prepared to present the original physical documents at the time of the visa interview. For all other posts, the I-864 and documentation are still mailed to the NVC.

For additional information on the DS-260, DS-261 and Electronic Processing Program, you should go to travel.state.gov and read the FAQs on DS-260 Immigrant Visa Electronic Application and the instruction pages on Required Electronic Processing and Optional Electronic Processing.

http://www.greencardfamily.com/question/question2018/DS260_Immigrant_Visa_030518.htm
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How to Obtain K-3 Visa to Come to U.S. While Waiting for Form I-130 Decision

Question:

I have submitted Form I-130 application for my wife and son, how to obtain a visa to come to the United States while waiting for a decision on the Form I-130?

Answer:

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130.

Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart.

The K-3 nonimmigrant petition for the spouse of a U.S. citizen must be preceded by the filing of the I-130 immediate relative petition. There is no need to wait for a decision on the I-130, it must simply be filed. The K-3 case is filed using Form I-129F, as is the K-1 for fiancé/es. The purpose of the K-3 visa category was to provide a faster avenue for the immigration of spouses of U.S. citizens, if the foreign national resided abroad.

Prior to the creation of the K-3 category, the only option was the I-130 petition for immediate relative. The processing times for I-130s, combined with the waiting times for interviews at the consulates, often left couples separated for more than a year. The K-3 processing was supposed to be much faster than the I-130, and, thus, was an attractive option for many couples in this situation.


http://www.greencardfamily.com/question/question2018/K3_Visa_Application_041618.htm
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Can I Self-Petition for My Family Members in My Home Country without Hiring a Lawyer?

Question:

As a newly naturalized U.S. Citizen, can I self-petition for my family members in my home country without hiring a lawyer?

Answer:
It is always possible to work by yourself to file a family-based petition or application to sponsor a qualifying relative for the Green Card. Family-based immigrant petitions allow U.S. citizens and lawful permanent residents (LPRs) to petition for immigration benefits for certain qualifying family members. You can self-prepares many petitions for immediate relatives of U.S. citizens and "preference" relatives of both U.S. citizens and permanent residents.

The filing of family-based petitions allows the qualifying family member to apply for Green Card. This Green Card filing is sometimes permitted as a concurrent filing with the family petition, and sometimes the qualifying relative must wait for many years. The procedures for these filings, and the timelines for eligibility, are discussed in our web site, and our Complete-Do-It-Self packages will help you the whole process. In such family-based cases there is no sponsoring employer.

http://www.greencardfamily.com/question/question2018/Immigration_Self_Petition_041518.htm
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The Eligibility Criteria for EB1-C Multinational Executive or Manager Petition

Hi William,

I have a L1A visa in U.S. for a half year, what eligibility criteria should be identified in the case of EB1-C Multinational Executive or Manager petitions in Form I-140? and who qualifies as a manager for the purpose of EB1-C petition?

Answer,

The Form I-140 petition for EB1-C multinational executive or manger should provide evidence and a cover letter that describes the name of the foreign employer, the position offered in the U.S., the position held abroad and the years of employment as well as the date the beneficiary transferred to the U.S. State the claimed relationship between the foreign employer and the U.S. petitioner, i.e. affiliates, subsidiary, joint venture etc. The EB1-C multinational executive or manger petition should also provide evidence that the U.S. employer has been doing business for at least one year prior to the filing of the petition.

In order to be qualified as a manager, the applicant must satisfy several requirements. Usually, first-line supervisors are excluded from the statutory definition of a manager unless the employees supervised are professionals. Staffing levels are to be considered in relation to the reasonable needs of the business and its stage of development. The statutory definition of a manager provides that, a manager must:

1) Manage a corporation, department, subdivision, or function;

2) Supervise and control the work of other supervisory, professional, or managerial employees, or else manage essential functions;

3) Have the authority to make personal decisions as to hiring and termination, or else function at a senior level; or

4) Exercise discretion over the day to day operations of the activity or function for which he or she has authority.

http://www.greencardapply.com/question/question18/EB1C_Eligibility_Criteria_041618.htm
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The Difference between O-1 Visa and H-1B Visa Application (4/15/2018)

Question:

What is difference between O-1 visa and EB1-Extraordinary Ability application? and what is difference between O-1 and other employment related nonimmigrant status, such as H-1B?

Answer:

The requirements for O-1 visa or status are similar to those for the EB1-EA, Alien of Extraordinary Ability, employment based permanent residence category. The difference is that the O-1 visa/status applies to those aliens seeking a non-immigrant status, while the EB1-EA standard is for those seeking permanent immigrant status.

The O-1 visa/status is distinguished from other employment related statuses in that it applies to more types of work than other areas. For instance, H-1B status is limited to foreign professionals with at least a bachelor's degree for a specialty occupation, which cannot apply to alien artists, athletes or entertainers without such educational background. However, such as artists, athletes or entertainers can apply for O-1 visa/status.

Moreover, the requirements of O-1 are much higher than that of H-1B. Also, O-1 visa/status could be obtained by those in H-1B status who have exhausted the full-authorized stay of 6 years.

http://www.greencardapply.com/question/question18/O1_Visa_H1B_041518.htm
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