Hello wati-ga!
Sounds like your friend has a difficult situation on his hands. Here
are some of the different visas and requirements for each, and how
they may benefit him. Some visas have less waiting times than others,
and you may be able to get approved, if he meets the requiremens
quicker than a 8-10 year wait. In addition, when working in a
situation like this, the best advice I can give is getting a follow-up
name and number for anything he applies for, so that you can keep on
top of the process with weekly follow up calls. This has always seemed
to speed up everything I do. If your friend meets any of these
requirements for the different types of visas, I?d encourage you to
apply immediately. In regards to your question as to what your friend
might do to obtain a visa, please review the following:
---------------------------------------------------------------------------------------------------
Satisfaction of any or all of the requirements to be eligible for
obtaining a visa does NOT entitle you to a visa or guarantee automatic
issuance of one. Decisions on who will be issued a visa are entirely
within the discretionary authority of U.S. Consular officials. NO
domestic U.S. authority, government or non-government, can override a
Consular decision or intervene to influence a visa application.
Source:
US Network For Student Immigration
(http://www.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-beforevisa.html
)
------------------------------------------------------------------------------------------------------------
A visa cannot be applied for within U.S. borders. You must apply for a
visa from the U.S. consulate in your home country. However, you may
apply for a non-immigrant or immigrant status within the U.S.
The two main categories of visas are:
Immigrant Visas (e.g. "green cards", refugee "white" cards) lf you
stay in the U.S. permanently, work in the U.S., and travel in and out
of the U.S. as often as you like.
Non-Immigrant ("Temporary") Visas let you work and or visit the U.S.
for a specific period of time, with the assumption that you will
return to your home country when the visa expires.
Examples include:
H-1B professional work visas - The H-1B visa (work visa) process is a
three-step process: (1) The applicant's employer (the petitioner) must
file an "employer attestation" form (also known as a "labor condition
application" or LCA) with the US Department of Labor (DOL) offering
proof that the employer will be paying the "prevailing wage" for that
position; (2) Once the employer attestation application has been
approved by the Department of Labor, the H-1B petitioner must file a
petition with the Immigration and Nationalization Service (INS)
including documentation of the candidate's qualifications; (3) Once
the petition is approved, the H-1B visa application can be filed.
In order to qualify for an H-1B work visa you must: (1) show that you
will be working in a "specialty occupation" requiring the highly
specialized knowledge normally acquired through a college education;
(2) possess a bachelor's degree or work experience equivalent to a
bachelor's degree (three years of work equals one year of college) for
the job you will be performing in the U.S. For those with foreign
degrees, an evaluation with an academic credential evaluation service
may be required; (3) show that your employer will be paying you the
"prevailing wage" for that type of job in that particular geographical
area.
L-1 visas (Intracompany Transfer Visa for Executives and Managers):
The US government provides an unlimited number of L1 visas for
managers and executives transferring from the foreign branch or
subsidiary of a company to a U.S. branch. Large multinational
companies may apply for a blanket L1 visa to expedite the processing
of large numbers of employees.
L1 Visa Application Processing Times: Normally 30-90 days. For faster
processing, a company may apply for Premium Processing Service, which
speeds up USCIS response time to within fifteen (15) days of receipt
of a petition, application or other documents. For more info, click
here (USCIS website).
In order to qualify for an L1 visa you must: (1) be a manager or
executive, or person with specialized knowledge, who has been employed
by the company continuously for at least one of the past three years;
(2) show that your non-U.S. employer is a currently operating branch,
subsidiary, affiliate, or joint venture partner of the U.S. company to
which you are transferring;
The two types of L1 visas are: (1) L1 A visa - for foreign managers
and executives transferring to the US to manage a company or a major
function or division of a company; to supervise employees or manage an
essential department of a company; (2) L1B visa - for foreign
employees with specialized knowledge of the company's products,
research methods or marketing methods, which are important to the
company's competitiveness.
L1 visa applications involve two steps: (1) the applicant's employer
must file a petition with the USCIS (United States Citizenship and
Immigration Services). (A multinational company that regularly
transfers many employees may apply for a blanket L1 visa order to
bypass the petition process.); (2) Once the petition is approved, the
L1 visa application can be filed by the applicant.
*For L1B applicants, the petitioning employer must also apply for a
Labor Certification. Visas for accompanying relatives Dependent
relatives (spouses or children under 21) of L1 visa holders are
eligible for L-2 visas. They may live and work in the U.S. In order to
work, dependent relatives should apply for an Employment Authorization
(EAD).
B-1 and B-2 business travel and tourist visitor visas. The US
government provides an unlimited number of non-immigrant business
(B-1) and tourist (B-2) visas for temporary travel to the U.S.
Application consists of a one-step process, and visas are often
approved and issued in one day. Applicants must (1) show proof of a
home abroad; (2) intend to return home after their visit is over; (3)
be physically present at a U.S. consulate or BCIS (formerly INS)
office to apply.
F-1 and M-1 student visas
J-1 exchange visitor visas - The U.S. government provides an unlimited
number of non-immigrant visas, called J-1 visas, for students,
scholars, researchers, business trainees and those involved in
international cultural exchanges enrolled in a U.S. State
Department-approved exchange visitor program.
In order to qualify for a J-1 visa you must: (1) Show proof you have
already been accepted into a State Department-approved exchange
visitor program by presenting a Certificate of Eligibility (Form
IAP-66) obtained from the exchange program officer; (2) Show proof of
adequate financial support (an "affidavit of support" [Form I-134] or
financial documents) during the period of the exchange program, if the
program does not involve paid employment; (3) Show proof of sufficient
knowledge of English to participate in the program; (4) Show intent to
return home upon completion of the program
Advantages:
Longer Employment Period: The allowed length of practical training
employment is longer for a J-1 visa (18 mos.) compared with that for
an F-1 visa (12 mos.) or an M-1 visa (6 mos.).
Disadvantages:
Limited Applicability: Normally limited only to the specific exchange
program through which one originally received the J-1 visa. Unlike F-1
or an M-1 visa holders, who may apply to new programs without having
to apply for another visa or status, a J-1 visa holder may not
transfer to another program without applying for a new visa.
Two-year Residency requirement: Many J-1 visas, especially those for
medical trainees, carry a two-year residency requirement. After one's
visa has expired, a J-1 visa holder must return to his home country
and remain there for at least two years before applying for a green
card or change of status to another type of non-immigrant visa like an
H-1B or L-1 visa. A waiver of the two-year residency requirement
requires: (1) a No-Objection Letter from your government, plus (2) in
the case of foreign medical graduates, proof of hardship to a U.S.
citizen or green-card holder, persecution on return to one's home
country, or the specific request of a federal or state government
agency.
The Application Process: J-1 visa applications are a one-step process, requiring:
1. A Certification of Eligibility (Form IAP-66) showing you have been
accepted into a State Department-approved exchange program. (See the
State Department's Bureau of Educational and Cultural Affairs for more
info on approved programs: (http://exchanges.state.gov/)
2. An OF form for a U.S. consulate filing abroad OR an I-539 form if
applying for J-1 status at an INS office inside the U.S.
3. Documents showing proof of adequate financial support (an
"affidavit of support" [Form I-134] or financial documents) during the
period of the exchange program
4. Passport and one passport photo
5. Transcripts and diplomas if currently a student
6. Documents showing proof of property ownership in your home country
7. Documents showing the existence of close relatives in your home country
8. Foreign medical graduates must have passed Parts I and II of the
U.S. National board of Medical Examiners examination or its
equivalent. (See the ECFMG website for more information:
http://www.ecfmg.org/).
R-1 religious worker visas - Members of the clergy and lay religious
workers (i.e. religious counselors) who are members of legitimate
religious organizations may be eligible for the R-1 visa.
Conditions: must have proof of membership in a legitimate religious
denomination for at least two years; must have proof of a job offer
from the U.S. affiliate of their religious organization
The visa application process is normally a two-step process, including:
? the petition - by a sponsoring U.S. employer or U.S. citizen or
green-card holding relative
? the application
How long does it take to get a visa? Length of application processing
varies widely among visas, from as soon as one day, for certain travel
visas to five to ten years for immigrant visa applicants from certain
countries like China and the Philippines, which are subject to quotas.
Who Processes the Applications? The U.S. Department of State
(http://travel.state.gov/visa_services.html ) processes applications
and issues visas. The Immigration and Naturalization Service, or
"I.N.S.," (http://uscis.gov/graphics/index.htm ) is the regulatory
body for U.S. immigration laws and issues.
If you are attempting to change from one status to another, usually
from a temporary to a permanent resident status, certain limitations
will apply both to your application and to your travel in and out of
the U.S. For example, you may need to apply for "advanced parole"
ahead of your travel date.
Green Card Lottery ("Diversity Visa Lottery Program"):
Every year the Immigration and Naturalization Service holds a lottery
allowing around 55,000 randomly chosen applicants from around the
world to obtain a visa. The lottery costs a nominal application fee.
In order to qualify, you must be born in a qualifying country and hold
a high school diploma or at least two years of job experience. Winners
are notified by mail.
You may also call the State Department's Visa Lottery Information
Center at (202) 331-7199 for more information on application
deadlines. Please note: There is a charge for each call. You may also
contact your nearest U.S. Embassy or Consulate. A listing of U.S.
Embassies and Consulates can be found at the U.S. State Department
website (http://www.state.gov/www/about_state/contacts/key_officers98/june/index.html
)
Naturalization:
Six to ten years after you receive your immigrant visa, you may apply
to become a naturalized citizen, granting you all the rights and
privileges of a U.S. citizen, including the right to vote. (The one
exception: you may not be elected President or Vice-President of the
U.S.) To receive your citizenship, you must take a test featuring
questions about U.S. history, government and laws.
If you have a status if you have applied for and received permission
to live or work in the U.S. from a local immigration office within
U.S. borders. A status does not grant you a visa, which allows you to
exit and re-enter the U.S. However, if your application is approved
for permanent residency ("green card") status you will be allowed to
travel outside the US and return as often as you like.
Source:
Your Guide to Life in the US
(http://www.vidaamericana.com/english/visa.html )
------------------------------------------------------------------------------------------------------------
Each year, over 200,000 citizens of the United States marry
foreign-born persons and petition for them to obtain permanent
residence in the U.S. Spouses of U.S. citizens are considered
"immediate relatives" under the immigration laws, and are exempt from
all numerical quota limitations. In other words, marriage to a U.S.
citizen is the fast lane to a green card.
Alternately, marriage to a permanent resident is very problematical
and often results in the recently-married spouses living apart for
many years. A legislative solution to this problem is required.
------------------------------------------------------------------------------------------------------------
IF THE MARRIAGE OCCURS IN THE U.S.:
Procedurally, the process works like this. The U.S. citizen must
submit a visa petition (form I-130) to appropriate BCIS Service Center
(http://www.shusterman.com/toc-sc.html ) to prove that the marriage is
bona fide, that is, entered into for love rather than simply for the
foreign-born spouse to obtain a green card. Attached to the visa
petition are the following items: (1) Biographical forms (forms
G-325A) for both the husband and the wife with photos attached; (2)
Proof of the citizenship status of the petitioner. This can take the
form of a U.S. Passport, a Certificate of Naturalization or
Citizenship or a certified copy of the citizen's birth certificate;
(3) A certified copy of the marriage certificate; (4) Certified copies
of the documents that terminated any previous marriages of the husband
or wife, including final divorce decrees, and certificates of
annulment or death.
Simultaneously, the foreign-born spouse, assuming he or she entered
the U.S. lawfully, should submit an application for adjustment of
status (form I-485) which is an application for a green card. Items
which generally accompany form I-485 include green card photographs,
an affidavit of support from the spouse, an application for employment
authorization, an application for a travel permit (known in BCIS
jargon as "advanced parole") - assuming the non-citizen spouse has not
be present in the U.S. unlawfully for 180 days or more - and numerous
other BCIS forms.
And don't forget the BCIS filing fees. Include a single check which
includes the filing fee for the visa petition ($130), the application
for adjustment of status ($255), the application for work
authorization ($120), the application for a travel permit ($110) and
for fingerprints ($50).
The BCIS will accept the applications, cash your check, and schedule
an interview somewhere between six months (if you live in Boston) and
26 months (if you live in Phoenix). If the wait for the interview
exceeds 90 days, chances are that the work card and the travel permit
will be issued in a matter of weeks or months.
------------------------------------------------------------------------------------------------------------
IF THE MARRIAGE OCCURS OUTSIDE THE U.S.
The process is similar except that traditionally the foreign-born
spouse had to remain in his or her country until he or she obtained a
green card. This changed on August 14, 2001 when temporary K-3 and K-4
visas became available and allowed the spouse and children of U.S.
citizens to obtain temporary visas to come to the U.S. and process the
paperwork in the U.S.
The process begins when the citizen spouse submits a visa petition to
either the BCIS office which has jurisdiction over his residence or
directly to the U.S. Embassy or Consulate in the country where the
foreign-born spouse resides. The citizen spouse must attach the same
items with the visa petition which are listed above including the $130
filing fee.
Once the visa petition is approved, the foreign-born spouse will
receive a packet from the National Visa Center (NVC) located in
Portsmouth, New Hampshire. The packet informs the foreign-born spouse
of the various documents which must be presented at the immigrant visa
interview abroad (e.g., passport, police clearances, results of
medical examinations, etc.). The packet includes certain documents
requesting biographic data which must be completed, signed and
forwarded to the U.S. Embassy or Consulate abroad.
Usually, the foreign-born spouse is interviewed and granted an
immigrant visa within three to six months. The State Department
charges a fee of $335 for an immigrant visa.
Sometimes, in order to avoid a lengthy separation, the spouses return
to the U.S. after the marriage and proceed to file the necessary
applications once they are both in the U.S. Usually, BCIS takes a dim
view of this practice. It is not uncommon for the BCIS to stop the
foreign-born spouse at the border and exclude him or her from the U.S.
as an intending immigrant. However, if the foreign-born spouse is able
to enter the U.S., BCIS will not deny his or her application for a
green card solely because he or she entered the U.S. on a temporary
visa when their real intent was to remain permanently in the U.S.
------------------------------------------------------------------------------------------------------------
REMOVING CONDITIONAL RESIDENCE:
If the marriage is less than two years old when the foreign-born
spouse becomes a permanent resident, the green card will expire after
a two-year period. Both spouses must submit a joint petition (form
I-751) to remove the two-year condition within the 90-day period
immediately preceding the end of the two year period.
If the marriage has terminated by reason of divorce, death of the
citizen spouse or spousal abuse, the foreign-born spouse may apply for
a waiver of the joint petition requirement.
On April 10, 2003, the BCIS issued a policy memorandum which states
that a person who has obtained permanent residence based upon a
marriage to a U.S. citizen can not submit an application for a waiver
of the joint petition requirement based on the "good faith" marriage
exception to the joint petition requirement until the person has
obtained a final dissolution of the marriage.
Source:
Green Cards Through Marriage
(http://www.shusterman.com/marriage.html )
This explains how your friend may go about getting a quicker approved
visa. I am not a lawyer, and though I can quote the law, I recommend
checking with a
lawyer to find out more information. Many legal services will provide
an initial consultation, free of charge for the first visit .
If this answer requires further explanation, please request
clarification before rating it, and I will be happy to look into this
further.
Nenna-GA
Google Answers Researcher |
