A Brief Guide to United States Naturalization

One of the most frequently asked questions I receive in practicing in immigration law is whether an individual is eligible for naturalization to the United States. The answer is not always simple. In this article, I hope to demystify the process to a certain degree.

Very generally, if you are not a U.S. citizen by birth (such as by being born to a U.S. citizen or in the United States), you may still become a U.S. citizen through the naturalization process. The following are the basic requirements for naturalization, sorted into categories:

1. GREEN CARD. You are at least 18 years old and have been a Legal Permanent Resident (Green Card Holder) of the U.S. for at least 5 years (reduced to 3 years if married to a U.S. citizen);

2. ARMED FORCES.

a. You are in the U.S. Armed Forces and have served for at least 1 year;

b. You were in the U.S. Armed Forces less than 1 year and are at least 18 years old;

c. You performed Active Duty Military Service in one of the major U.S. wars from the time of World War I to the present; or

d. You are at least 18 years old and were married to a U.S. citizen who died during a period of honorable active duty service the U.S. Armed Forces;

3. US NATIONALITY. You are at least 18 years old and are (a) a U.S. national and (b) a resident of any State;

4. SERVICE ON VESSEL. You are at least 18 years old and served on a vessel operated by the U.S. or one registered to the U.S. and owned by a U.S. citizen or corporation;

5. WORK.

a. You are at least 18 years old and are an employee or are otherwise under contract with the U.S. Government;

b. You are at least 18 years old and perform certain leadership activities for a religious denominational or nondenominational group with a valid presence in the U.S.;

c. You are at least 18 years old and are employed by either (a) a U.S. research institution recognized by the Attorney General; (b) a U.S. company engaged in foreign trade / commerce for the U.S.; or (c) a public international organization of which the U.S. is a member by law or treaty; or

d. You are at least 18 years old and have been employed for at least 5 years by a U.S. nonprofit organization that principally promotes the interests of the U.S. abroad and through the communications media;

6. SPOUSE. You are at least 18 years old and are the spouse of a U.S. citizen who is one of the following:

a. A member of the U.S. Armed Forces;

b. #5(a), above;

c. #5(b), above;

d. #5(c), above.

Under these categories of eligibility, you must also:

1. Be of good moral character;

2. Possess English and U.S. civics knowledge;

3. Swear allegiance to the U.S. Constitution;

4. Sometimes be able to prove Legal Permanent Residency in the U.S. for a designated period of time;

5. Sometimes be able to prove continuous presence in the U.S. for a designated period of time;

6. Sometimes be located within a specific State or USCIS Service Center region for a designated period of time; and

7. If petitioning as a spouse of a U.S. citizen, sometimes be required to physically have been with your spouse for at least 1 year at the time of your petition.

Some of the above requirements, such as "continuous residence" and "good moral character", have their own specific guidelines in order to be satisfied. Those guidelines are beyond the scope of this article.

If you determine that you may be eligible for naturalization, you may want to seek the advice of a qualified immigration lawyer. Petitioning for U.S. naturalization when you are not eligible is a waste of time and money. When you are ready to file your petition for naturalization, double-check the USCIS web site for the most up-to-date forms and procedures, as the laws and regulations in U.S. immigration are changing constantly.

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Dream Act Brings US Companies to Crossroads

The much publicized and controversial Dream Act has left the US companies/job-providers in a rather tricky position, and brought them to a crossroads, claim some observers. The incumbent government has declared the DREAM Act, via which young unregistered migrants will undergo a deferment in their exile, for a time period of another 2 years.

Such unregistered overseas people--who are below 30 years, had arrived in the US prior to they were aged 16, and have been living inside the nation continuously--may duly file a petition to postpone their exile, via this new arrangement. Besides living in the US, such people could also do a job in the same manner that they may have been doing before.

Allegedly, the chief reason behind the US President's orders to stop the extradition of such migrants from the country, for another two years, is the handsome economic contributions made by them even as the same may never be refused or contested, add the observers.

According to Barack Obama, it's illogical to extradite skilled young individuals, who are 100% Americans in every possible way. Such people are keen to work for the American labs, start fresh organizations, and defend the nation. Such individuals need not suffer for the mistakes allegedly made earlier by their parents.

Where does this leave the US employers!

The development though may have brought certain new difficulties for the employers of such overseas people even while they intend to continue with due vigilance. As one of the requirements--which necessitate the unregistered firms/job-providers to establish that such individuals have been living inside the US continuously--a firm engaging them would be required to produce certain supporting documents/papers.

Many employers worry that post the conclusion of 2 years, when these people from abroad are sent back, the US Citizenship & Immigration Services (USCIS) will, perhaps, penalize them, i.e., the employers, for recruiting unlawful migrants. It is apparent that after the prohibited migrants successfully fulfills every requirement suitably given in the Dream Act, they will be proffered just a legal work visa, and not any officially authorized immigrant grade.

This again prevents the American job providers/firms from recruiting them. Actually, the recruiters are not rather keen on offering them with any legal evidence that they were engaged to work for them, i.e., the American job-providers/firms are also somewhat confused as to should they prefer, in the matters of trained jobs--the natives of the US, or the unlawful migrants who could be superior, expertise wise.

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Are You US Green Card Holder? Know About Your Rights and Responsibilities!

The much prized and the much sought after Green Card of the US, offered by the United States Citizenship & immigration Services (the USCIC), enables the proud holders to do several things, and enjoy many rights in their capacities as the permanent residents of the US. However--along with the rights-- the holders also have certain obligations to perform, to justify their status as permanent residents of the US.

But at first let's take a fleeting look at the rights:

US Green Card Holder's Rights

The Green Card holders may do a job and move- minus any limitations whatsoever--across the length and breadth of the nation.

1. The card holders can spend the remaining period of their lives inside the nation, if they don't indulge in any wrong-doings. In brief, till the card holders abide by the laws of the land, their permanent residency is 100% assured.

2. Do any legally permitted job inside the country. But, certain jobs (usually, government jobs in defence & homeland security) are restricted only for the citizens in view of security factors. Besides, a Green Card holder is not allowed to contest for an elected office.

3. Travel without any restrictions across the country. The holders of the Green Card may leave US only to return the nation as and when they want. Sill, certain restrictions do exist on extended stays outside the territorial jurisdictions of the nation.

4. Seek protection under all established laws of the nation, his state of residence & his local jurisdictions. To put in other words, all the safeguards & officially permitted paths available to the citizens of the US are also available for the permanent residents, even as this holds true anywhere across the US.

5. Request permits for one's legally wedded spouse & unmarried kids to stay inside the nation.

6. Buy property/ firearms, provided no US state or local decree forbids the same.

7. Show up at public school and college, or be associated with the divisions of the nation's Defence Services.

8. Submit a petition for a driver's permit.

9. Receive benefits related to Social Security, Supplemental Security Income, besides healthcare, in case legally eligible.

US Green Card Holder's Responsibilities

As mentioned before, some obligations, too, have to be fulfilled by the Green Card holders. These are the key obligations:

1. The Green Card holders have to abide by all existing laws of the country, the US states, the US counties, the US municipalities, the US cities, and the US towns.

2. The permanent residents of the US must file an income tax return on an yearly basis, and also give details about their income to the US Internal Revenue Service & other concerned tax officials, even as this covers state & local taxing groups.

3. It is expected of the Green Card holders that they strongly express their support in favor of democracy and democratic type of administration in the nation, and not try to effect any changes whatsoever to that administration, via unlawful ways. That the permanent residents must also strictly keep away from acts of sedition or subversion is also no secret.

4. Those who are males--and between 18 & 25--must enroll for the Selective Service to serve in the defence services as and when required.

5. The card holders must always carry a documentary proof of their permanent resident status with them and produce it before the authorities if asked for the same.

6. The permanent residents must uphold their immigration status & alter their address online, or offer the same in black & white to the involved US organization--Department of Homeland Security-- inside 10 days every time they shift to a new address.

7. The holders must also have health coverage.

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The Top 6 Reasons Why You Need To Hire An Immigration Lawyer

The following are the top 6 reasons why immigrants should hire an immigration attorney:

1) Immigration Laws Frequently Change. Lawmakers often seek ways to improve or alter the laws that dictate how people obtain citizenship or residence in the country. The laws can be loosened or made to be stricter, depending on the political climate. Because the laws fluctuate with lawmakers' preferences, the steps to become a citizen or legal resident can be a challenge. Immigration lawyers can help clients navigate this process.

2) The Process Can Be Lengthy. It may take years before a person is able to secure his or her citizenship. Many times, immigration laws mandate how long a person must live and work in a country before he or she can apply for citizenship. That individual may even be required to pass a language and citizenship test to demonstrate his or her cultural proficiency. Even so, a person's immigration attorney will remain by that person's side and guide the client on how to pass these tests and prove that this person is worthy of citizenship.

3) Lawyers Can Provide Referrals. If immigrants are not proficient in the language or culture, their lawyers can often provide referrals to various agencies that help newcomers overcome these challenges. They can guide their clients to learning centers where immigrants are taught the language and history of the country. Sometimes these centers even make available practice citizenship tests, which help people pass the actual test to become citizens. Without these resources, they may not be successful in obtaining citizenship.

4) Attorneys Represent Clients at Legal Hearings. When immigrants are called to appear before immigration authorities, their lawyers are with them and represent them before those who decide the case. An immigration lawyer can speak for the client and present the facts of why that person should remain in the country. The lawyer also helps prepare that individual prior to the hearing and may instruct the client in how to answer any questions in the best manner.

5) Attorneys May Be Able to Appeal Denied Applications. If a person's application is denied, he or she may wish to file an appeal. That person's lawyer can file the necessary paperwork and perhaps even halt the client's being deported out of the country until the appeal has been decided. The appeal process might take several weeks or months; however, during that time, attorneys help their clients prepare for their appearances before the court.

6) Regardless of Outcome, Lawyers are there to Help. Whether a person's application is denied or approved, the client's immigration attorney is there to assist that person. Many times, people are confused about the best decisions to make. Their emotions may cloud their judgment. Attorneys help these individuals make the best decisions possible during the entire process.

Conclusion:

Rather than take on the complexities of immigration laws, people would do better to hire immigration attorneys. Attorneys who specialize in this aspect of law understand the multitudes of requirements and know how to present cases successfully before authorities.

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To VIBE or Not to VIBE? Employers Can Avoid RFEs, NOID, 221(G)

MJ went up to the window at the US Consulate-he was there for an H-1B interview. The process normally takes about 5-10 minutes at the window. Behind him were more nervous interviewees, waiting their turn.

The consular officer (CO) went through the papers, "Who is your employer?" he asked. MJ replied, "XYZ". The CO checked his database and did not find XYZ, so he searched the company name online; still no information. The CO believed the applicant was employed by the company but since the new Neufeld Memo, issued last year, he had to make sure the applicant was actually 'employed' by XYZ and that XYZ really existed. He could find no corroboration; CO felt there was insufficient documentation in the application, so the CO issued a request under INA 221(g) to the applicant.

Applicant was required to produce more employer tax records, payroll records and other information that would corroborate the employer's self attestations in the application. Until that time the applicant was in administrative processing, which could take up to 6 months. The company was out a valuable resource and was losing money on their project because MJ was delayed overseas.

Unfortunately for MJ, his employer's information was not included in Validation Instrument for Business Enterprises (VIBE). A web-based tool, VIBE was designed to enhance USCIS's adjudications of certain employment-based immigration petitions. VIBE uses commercially available data from an independent information provider (IIP) (Dun & Bradstreet) to validate basic information about companies or organizations petitioning to employ certain foreign workers.

USCIS may also send an RFE or NOID or Notice under 221(g) because of the information in VIBE. Petitioners MUST respond to these RFEs or NOIDs or Notice under 221(g); failure to respond may result in the denial of the petition.

Currently, the information in the VIBE program includes: business activities, such as type of business; NAICS codes (North American Industry Classification System code); trade payment information; and status (active or inactive). VIBE also includes financial standing, including sales volume and credit standing; number of employees, both on-site and globally; relationships with other entities, including foreign affiliates; type of office (examples include single entities, branches, subsidiaries and headquarters.); type of legal entity: for example, LLC, partnership or corporation; company executives; date of establishment as a business entity; current physical address.

Adjudicators use the information from VIBE to verify the petitioner's qualifications. For example, if a petitioner is seeking L-1 status for a beneficiary, VIBE will help adjudicators confirm that the petitioner has a foreign affiliate, which is a requirement for granting L-1 status. Information from VIBE will help confirm petitioners' financial viability in cases where petitioners must establish ability to pay.

Generally, USCIS will issue an RFE or a Notice of Intent to Deny (NOID) if it is necessary to resolve relevant inconsistencies or other issues that emerge upon review of VIBE-supplied information that are material to the benefit requested, and an immigration services officer (ISO) will make a final decision based on the totality of the circumstances.

Updating VIBE is easy. If you are a US-based company employing foreign nationals, then create, verify and correct the Company's D &B's information via D&B's iUpdate. This link is minus the direct marketing appeals from D & B. This also a fee free service. This link is only for US companies that are government contractors. For other US-based publicly traded companies, government entities and foreign companies wishing to create, update or view their report with D&B may use dnb.com; however, they may be subjected to direct marketing from D&B.

Immigrant Classifications Included in VIBE are: • E12, outstanding professor or researcher • E13, multinational executive or manager • E21, member of professions holding an advanced degree or an alien of exceptional ability (with the exception of National Interest Waiver petitions) • E31, skilled worker • E32, professional • EW3, unskilled/other worker

Additionally, the following I-360 (Petition for Amerasian, Widow(er) or Special Immigrant) employment-based immigrant classifications are included in VIBE: • SD1, minister of religion • SR1, non-minister in a religious occupation or vocation • Nonimmigrant Classifications Included in VIBE

The following I-129 NIV employment-based classifications are also included in VIBE: • E-1, treaty trader • E-2, treaty investor • E-3, member of specialty occupation who is a national of the Commonwealth of Australia • H-1B, specialty occupation worker • H-1B1, specialty occupation worker from Chile or Singapore • H-1B2, worker performing services related to a Department of Defense cooperative research and development project or co-production project • H-1B3, fashion model of distinguished merit and ability • H-2A, temporary or seasonal agricultural worker • H-2B, temporary non-agricultural worker • H-3, trainee or special education exchange visitor • L-1A, intracompany transferee in a managerial or executive position • L-1B, intracompany transferee in a position utilizing specialized knowledge • LZ, blanket L petition • Q-1, international cultural exchange visitor • R-1, religious worker • TN, NAFTA professional from Canada or Mexico

Classifications Not Included in VIBE are: • CW-1, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker • E-2C, long-term foreign investors in the CNMI • E11, individuals of extraordinary ability • E21, national interest waiver • EB-5, immigrant investor • O, individuals with extraordinary ability or achievement (including essential support personnel) • P, internationally recognized athletes and entertainment groups, performers under a reciprocal exchange program, and artists or entertainers under a culturally unique program (including essential support personnel)

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How to Find a Qualified Immigration Lawyer

Immigration laws of various countries are vast and change frequently. Trying the process on your own can be a daunting task to say the least. An expert is vital in navigating the legalities and paperwork. Hiring a qualified immigration lawyer can save you time, money, and the laborious process of filing for immigration.

Small or Large - What Type of Firm is Best?

As in any field, there are pluses and minuses to choosing a large or small firm to represent your needs. While the manpower and resources of a large firm are impressive, the size may intimidate some people, leaving them feeling more like a case number than a client. Always confirm whether the attorney you hire will work on your case personally. In large firms, cases are often handed over to a junior attorney. If you are looking for more of a personal relationship with your lawyer, a solo practitioner may fit your needs. However, if you decide to go that route, you will need to check how he or she will handle clients when on vacation or under illness. Small firms generally run with a handful of attorneys and a support staff. The benefits include more personal attention without a gap in service if an attorney has a leave of absence. However, overworked offices can put your case in a long line. Truly, the choice comes down to your own preferences and individual needs. Since initial legal consultations are either free of cost or a minimal fee, you can shop around before you decide whether to hire a large firm, small firm, or solo practitioner for your immigration consultancy.

Find a Lawyer You Trust

There is no doubt that a lawyer with a reputable expertise in immigration law is ideal when looking out for legal immigration help. But how do you find one? To begin with, confirm that the lawyer you are interested in hiring is a member of the American Immigration Lawyer's Association (AILA). This is a non-profit organization which has been in existence since 1946 and advocates for immigration law. It is voluntary for lawyers to participate, and demonstrates the attorney's connection to the immigration law community.

Also, don't base your decision solely on rates for services. Obviously you need to choose the services of a legal expert you can afford, but don't be fooled by the gimmicks of inexperienced lawyers who claim to help you with the immigration formalities at the cheapest rates. Try to get recommendations from clients or friends and family who have tried their services.

Having an immigration lawyer whom you trust, in a firm you feel comfortable working with, will ensure that you navigate the strict legal process of immigration quickly and efficiently.

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Allowed Activities Under a Visitor's Visa

A tourist visa is primarily for short visits. A tourist visa is correct for you if you want to come to the U.S. for vacation or pleasure. However the meanings of vacation or pleasure are broader than hotels and taking pictures at landmarks. This is a list of allowed activities on a US visitor's visa. Please be advised that this is not an all-inclusive list. The are many reasons why a visitors visa may be granted. In addition, please be advised that giving the reasons on this list will not guarantee you a visitors visa.

Allowed Activities:

Visiting family or friends in the US for a short time.

This reason will not work for someone who you do not have close contact or have not met in a long time. If you say that you want to go for your sisters friend's wedding, the reasoning won't be convincing.

Visiting relatives who may be sick and may be dying. Attending a close family member's house warming, wedding, baby shower, sweet 16 party or graduation.

Wedding

Be ready to present the following documents to the consulate.

Wedding invitation Details about the wedding arrangements.

House Warming Be ready to present the following documents to the consulate.

Invitation letter. Photos of the new house. Any documents that would prove that he/she has purchased the house

Sweet 16

Be ready to present the following documents to the consulate.

Invitation letter for sweet 16 party. Details about the arrangements. The birth certificate of the child that is turning 16 years

Graduation

Be ready to present the following documents to the consulate.

Invitation letter. Details about the graduation day Letter from school regarding the graduation day. The proof that the person is truly studying in college

Baby Shower

Be ready to present the following documents to the consulate. Invitation letter. Specifics about the baby shower arrangement. Evidence of pregnancy such as medical records, etc.

To visit the U.S.A. on a packaged tour.

If you are honestly going to go in an organized tour, show the evidence of payment or primary deposit. For taking examinations. Generally, such examinations should not be offered to take in the home country. Be present at an exhibition. To watch plays, live shows or acts. Partaking in conventions, conferences or social organizations. Taking part in amateur unpaid events or contests. Taking short classes. Getting medical treatment. For voluntary programs directed by charitable establishments. Life-Saving Medical Treatment for Ailing Undocumented Aliens Is Available   Prohibited Activities on a Visitor's Visa   55,000 Immigrant Visas for Foreign STEM Graduates   How to Select a Good Immigration Attorney?   

Who Is Deemed a Child of US Citizen for Immigration?

Children of a US citizen enjoy non-preference immigration benefits which are not available to other preference categories. Like the US citizen's spouse, they can apply for immigrant visa without having to wait for the availability of visa number because they have been allotted unlimited visas to the United States.

Who is deemed a "Child"?

Only a legitimate child under the age of eighteen (18) will be recognized as a child of a US citizen. But a step child is deemed a child before he/she reaches the age of 18.

An Illegitimate child cannot be acknowledged as a child unless the natural mother or father is a US citizen and they have a bona fide parent-child relationship, or they are legitimated in accordance with their national laws and customs.

Legitimation is a legal process where a child born out of wedlock is clothed with all the rights of a legitimate child. Common forms of legitimation are marriage between the child's natural parents, by judicial decree or through acknowledgement of a child by the natural father.

Also, a legally adopted child is deemed a child provided that the adoption was completed before his/her sixteenth birthday (16) and has been living with the adopting parents for at least two (2) years. An orphan who is eligible for adoption under the laws of US is also considered a child for purposes of immigration.

Orphan vs. Non-orphan adoption

In terms of visa eligibility, orphan adoption is rather easy than non-orphan adoption. A person is deemed an orphan if natural parents are already deceased, disappeared or have abandoned the child to an orphanage. The child must be under 16 at the time of the filing of the visa petition and must be outside US. In case of non-orphan adoption however, the child has already been adopted or at least the petition for adoption has finally been completed and decided and has been living with the adopting parents for a minimum of two (2) years before the application for immigration regardless of whether the residential requirement is before or after the adoption, and whether inside or outside the US. This residential requirement is something not easy to do. If the adopted and the adopter have lived together outside the US for two years, then visa requirement can be easily met. The problem will arise if the adopting parent is in US and the adopted is overseas because the child cannot be issued a tourist visa since he/she is an intending immigrant. The adopting parent will have to take the risk of leaving the US to be with the adopted child just to meet the visa requirement.

As to the immigration procedure, non-orphans follow the procedure for the immigration of blood-related children while orphans take a different and specialized procedure. In either case, take into account the national law of the country where the adopted child originally resides.

Obtaining immigrant visa for a child is multifaceted as it comes in different cases. Hence, you may be misled as to the requirements and procedures to pursue. It is on this occasion that help from legal and immigration services will make sense.

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Immigration Forms and Papers for Green Card Renewal

The process of immigration is a very long with lots of paperwork to be completed by the applicant. After a person decides to immigrate to the U.S. the first thing he or she has to do is to read up on what is required to be done in order to immigrate. If they get a permanent residency, they should learn when to apply for green card renewal etc. Those who are unable to familiarize with the different forms or technicalities involved in immigration, they can consult an immigration lawyer, who would be able to guide them in the process. There are also several immigration sites that offer help regarding forms and procedures.

The most commonly used form is the I-90. Green card renewal and replacement is very important because the it is a major document of proof a person can submit in the U.S. Since it is valid for ten years, it is mandatory to apply for renewal six months before it expires.

There are several different forms for the different categories of immigration. Right from application to renewal forms to cancellation forms there is a lot of paper work. You can also read up "Welcome to the United States: A guide for New Immigrants. This has been published in several languages and has a lot of information which could help immigrants to settle in the U.S. It is basically an introduction for the new immigrants to adjust to the U.S. system of government.

Many people who want to settle down in the U.S. would apply for the immigrant visas. Immigrant visas are basically green cards and that can be applied by way of marriage, a job through family. For example if a person is married to a foreign citizen they are eligible to apply. If the person has a job, the employer can apply for his employee.

The green card too is a long drawn out process. Once all the formalities are completed and a green card is granted, people are given rights and responsibilities. They are given the right to live, work and vote in the United States. It is given for a period of ten years after which you may have to renew at least six months before it expires. A green card is a valuable document that will help prove employment eligibility and to apply for social security.

It is also granted for two years with certain conditions imposed. In that case, the person has to apply for the renewal thirty days before the card expires. One should also submit the relevant documents specified in order to avoid delays or rejection.

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EB5 Green Card Visa Option to World Wide Investors

The charisma of living in United States of America never seems to fade away. Even though this country has been consistently trying to bring its economy back out of an adverse debt situation and stall the slow down, migrants across the globe dream of making it to this country. One opportunity that can turn your prized fantasy into a reality is choosing to go through an employment based visa program popularly called EB-5. This Immigration Option can surely bring you close to earning the much revered Green Card. There is a substantial investment amount attached to this but nevertheless this Visa has been attracting numerous World Wide Investors.

EB-5 was established and incorporated into US immigration regime through Immigration act of 1990 with a view to bring back competitive edge into the slowing down US economy and provide impetus to various regions which are performing well below the national averages in terms of economic activity and employment generation.

Aspiring migrants have an opportunity to invest in this program through either

• A high quantum input of $ 1 million or,

• A substantial input of funds in tune of $ 500000 through a pilot program in a targeted employment area.

The second option is more feasible and in fact popular alternative. Your investment under this option must be made though a regional center - RC. RC is investment medium and generally is a privately owned body or a government organization (current extension of regional center is due to expire on Sep 30 2012 unless extended for next term).

It is essential that you must make your investment compulsorily into an organization involved in an activity on commercial level and is run for generating profit. The investments are generally channelised into incorporating a new establishment or acquiring stocks in an already functioning concern, which has been in financial doldrums. For purpose of clarification, the concern being taken over must have been incorporated after Nov 29, 1990.

The newly established commercial enterprise must fulfill employment generation criteria by generating fulltime and direct employment for atleast 10 US citizens within 2 years of entry of Immigrant Investor into the borders of America.

This designated investment can fetch you a green card immediately as well provide several benefits.

• You will be able to take your family along and reside in USA through the validity period of green card

• You are exempt from managing your investment or organization on day to day basis

• You will be free to live work and retire anywhere in country

• After 5 years you would be able to file for citizenship of USA

By far, it has been observed that EB-5 Has Been Most Feasible Route for The Investors Seeking Green Card from across the world.

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How to Search the USA Embassy in Australia

The oldest American service post present in Australia is the Consulate General in Sydney. In 1836 American Consul was first appointed. However, six Australia provinces were under UK handling the foreign policy. Gradually, the US established in Canberra a legation and in 1946 became an embassy.

The consulate today is housed on Sydney's MLC Center on the 59th floor. The US embassy in Australia includes:

Maintaining contacts regularly with Australian media Arranging visits and education with American counterparts so that ideas are exchanged and also the key figures in media and politics come into contact. Assist US citizens, process visas and issue passports to eligible Australian citizens Present forums with American experts

The principal officer is the consul general coordinating all the US government functions in the Sydney district. This general maintains contact both with federal and state and keeps the Washington and Embassy informed of political, economic and other changes in the interests of US. The Consul General addresses many groups and organizations, besides representing the US at public functions.

Another very important responsibility of the USA Embassy in Australia is they brief the American business representatives and US officials visit. The consular services offer good assistance to Americans and take care of US citizenship determination, passport issuance and visa services to foreign nationals and Australians.

Canberra has limited American citizens and the visa services are available from the Consulate General serving your area. The visa interviews are handled with earlier appointment only at the U.S. Consulates in Australia.

The Administrative section offers complete range of support services including communications, contracting, personnel, customs and shipping, information management, procurement and warehousing, budget and fiscal, commercial and residential leasing, general and security services.

Senior commercial officer (SCO) is from the Embassy team and has his base at the Consulate General. He coordinates and supervises the US government activities in Australia and this includes US commercial service operations in Melbourne, Sydney and Perth. He is also responsible for closely coordinating with the Embassy staff, Ambassador and the Australian Government on matters regarding trade promotion in Canberra and with American chamber of commerce situated in Sydney.

Its not easy to search the USA embassy details in world wide but we are providing here best tips and an information guide to search the embassy details as per your search terms. A complete information is here about the USA embassy in Australia including the address and contact details.

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Green Card - Permanent Residence (Frequently Asked Questions)

1. Question: I am engaged and my fiancé and I want to know more about the immigration process to obtain my permanent residence.

Answer: Great Question. The best time to learn about the "green card" process for a couple is when you are engaged. The immigration process will not actually begin until you are married. However, for newlyweds Immigration always evaluates the couple's relationship prior to their marriage as well as after they have tied the knot. The immigration process will begin with the filing of your immigration petitions. The second step is the pending phase where you can continue to build your case in anticipation of your interview. The third step is the "green card" interview. Based on the unique facts of my clients' cases I usually discuss the processing times and our case strategy at our consultation.

2. Question: My husband and I are newlyweds and we are trying to figure out how to start the immigration process.

Answer: The best way to start the immigration process is to start gathering all of your personal items such as your birth certificates, passports, visa, I-94 card, marriage certificate, divorce decree(s) if any. The next step is to schedule a consultation to gain detailed information on the immigration process.

3. Question: I entered the United States on someone else's visa and now I am getting married to my wife and I want to apply for permanent residence in the United States. Can I apply for permanent residence?

Answer: Generally individuals who have legally entered the United States and are now married to US citizen may apply for permanent residence despite the fact that they have overstayed their visa or they have worked without immigration's permission. However, the key point is that the applicant is required to prove legal entry. If you entered on someone else's documents then this is not legal entry. If there is no legal entry the applicant will have to explore some other options in order to gain permanent residence through his/her spouse.

4. Question: Presently my driver's license is expired and I need to work. Will I be able to obtain my work permit and get a new license while my green card case is pending?

Answer: Generally the answer is yes. If you are eligible to apply for permanent residence "green card" in the United States Immigration will provide you with a work permit while your case is pending. Once you have received your work permit you may present that document to your local DMV office to obtain a new license. If you do not have a social security card you may also present your work permit to your local social security office to obtain a social security number.

5. Question: I have heard from many individuals that the immigration process is very long. If I hire an attorney will my processing time be reduced?

Answer: Whenever you submit your petition to Immigration there is a suggested processing time based on Immigration's current workload. The processing time can be drastically extended if you did not submit a complete application or if your documents have not established that you are eligible for your benefits. As a result of that Immigration may request additional documents or send a notice that they intend to deny your case. All of these actions will delay your case and add to your processing time. For our clients we work to ensure that they receive the shortest processing times by preparing their case to avoid the unnecessary delays due to Immigration's request for evidence and Immigration errors.

6. Question: My husband and I have already attended my green card interview. However, we just received another notice for a second interview. What is going on? Why does Immigration want to interview us again?

Answer: The second interview is what is normally known as the "fraud interview." This mean that Immigration does not believe that there is sufficient evidence or testimony to prove that you and your husband have a genuine marriage. At this point, you will need to rebuild your case to now convince the Immigration Officer that you are in fact a real couple. This is a very high burden. You should consult or hire an attorney immediately. We handle "fraud interviews' on a consistent basis and we have been successful.

7. Question: My wife and I applied for my permanent residence and my case was denied. Should we file an appeal or should we just reapply?

Answer: The decision on whether or not to file an appeal or re-file your case is based on the reason for the denial of the first petition. If Immigration denied your case over a minor procedural issue and they made an error I would suggest an appeal. If Immigration denied your case because you did not prove that you were eligible for your benefits it may be beneficial to re-file your case or file an appeal. The best way to decide on this matter is to consult an attorney.

8. Question: If my permanent residence case was denied will I be deported?

Answer: Excellent question! The answer is yes and no. Once your immigration case is denied Immigration can forward your file to the Immigration Court for removal proceedings. In that case you will be required to go to court and prove that you have legal status or that you are reapplying for legal status. In some cases your immigration file is not transferred to the Immigration court and that allows you time to decide if you wish to file an appeal or re-file your case with immigration. Ultimately if you are placed in removal proceedings and you have no legal status and you have no way to acquire any legal status the Immigration court will order removal. If you have a denied case your best option is to consult with or hire an attorney to help you to either file an appeal, re-file your case, or defend you in Immigration Court. My firm handle all of these matters.

Disclaimer: This article is a broad overview of common immigration questions. This article is provided as a public service and is not intended to establish an attorney-client relationship. Any reliance on the information contained herein is taken at your own risk. The information provided in this article should never replace informed counsel when specific immigration-related guidance is needed.

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Petitioning for a Relative As an Asylee or Refugee

In certain limited circumstances, a "qualifying family member" of an asylee or refugee in the United States may be granted "accompanying" or "following to join" benefits ( hereafter collectively referred to as "benefits") by the United States Citizenship and Immigration Service ("USCIS") based upon the status of the principal asylee or refugee. That means people living in the United States as official refugees or as beneficiaries of US asylum can often bring their family members to America. The following is a brief instructional guide on the basic requirements and process to obtain such benefits for qualifying family member(s):

The Basic Requirements:

The principal asylee or refugee was granted asylum or refugee status within the past two years; The principal asylee or refugee was not previously granted derivative benefits from another asylee or refugee; The principal asylee or refugee was not admitted as a refugee or granted status as an asylee over two years ago (although this two-year requirement may, in very limited circumstances, be waived for humanitarian reasons); The principal asylee or refugee did not become naturalized as a U.S. citizen prior to filing the petition for the qualifying family member(s);

Who is a "Qualifying Family Member?"

The principal asylee/refugee's spouse or unmarried child(ren) under the age of 21 if that familial relationship existed when the principal asylee/refugee was granted such status, and continues to exist (a child unborn yet conceived at the time the principal was granted asylum or refugee status will be considered qualifying);

General Instructions:

Fill out USCIS form I-730; Along with the I-730, submit evidence that (a) you are eligible (that you are an asylee or refugee), and (b) that a familial relationship exists with the relative for whom you are petitioning (if you are petitioning for an adopted child or stepchild, certain additional proof of familial relationship must be submitted); If your relative is currently in the United States, submit a copy of both sides of his/her valid I-94.

As with all petitions to USCIS, great care must be taken to ensure that the information submitted is accurate, comprehensive, and timely. As an asylee or refugee petitioning for a relative, these concerns are especially pronounced because often times the petitioner's perpetuation of his/her own status in the United States depends greatly on these concerns. The bottom line is: take this petition seriously, and you (and your relative) will very likely be successful.

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Immigration Law - What to Expect at Your USCIS Interview (Adjustment of Status/Green Card Cases)

As an Immigration Lawyer, I have found that many people are very worried about what to expect at their USCIS Interview after they have applied for their Green Card through their spouse. With that in mind, hopefully this article will help provide a little context for what to expect at your interview.

First, it is important to make sure to read through your Interview Notice carefully. It will instruct you on where to go and what to bring. You will always need to bring your passport and a government-issued Photo ID (e.g. a driver's license) in order to prove your identity to the USCIS officer. Likewise, you will not be able to enter the building unless you show your official Interview Notice, so make sure to bring that with you. Your Interview Notice will list a large number of other documents to bring with you--from your birth certificate to your marriage certificate and more.

If you have a good Immigration Lawyer representing you, your lawyer will have typically prepared most of these documents in advance for you and sent them along with your initial application. In this way, your interview is much less stressful, as the officer will already have everything at their fingerprints that they will need.

It is important that you disclose to your lawyer whether or not you have ever been arrested, as not disclosing this to USCIS can be a crucial mistake for your case. If you have ever been arrested, it is a good idea to have your lawyer go with you to your interview and provide him/her with certified copies of your arrest records.

Once you enter your interview, the USCIS officer will typically be asking questions that will help them make sure your marriage is valid. Thus, they may ask questions like "What was your first date?" "How did you meet?" "Have you been living together?" and "Do you have any children together?" Likewise, they will typically look over your other documents to make sure your marriage appears valid. In fact, they may ask your about your financial situation to make sure you have joined your financial lives like a normal married couple would do (e.g. having joint bank accounts, etc.)

Many interviews can be fairly short--if your lawyer has already prepared and sent your evidence ahead of time. In such situations, your USCIS Interview is typically not as stressful or worrisome. However, your USCIS Interview is always something your should take seriously, so go prepared with everything you'll need to set yourself up for success!

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