Not sure about advising your clientwith the right visa information and confused about USCIS forms? Don’t worry if it seems like a complicated process in the beginning. SKJ Juris is an Immigration Support Company that can help you break down the different types of forms and visas according to your client’s needs. Our Immigration Support Services team ensures that we provide proper guidance regarding the right visa and fill out the correct forms, so that your client doesn’t have any issues with the Immigration Process.
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The United States Citizenship and Immigration Services (USCIS) issues a number of forms for people to submit to them relating to immigrant and non-immigrant visa statuses. These forms begin with the letter “I” and, most of the forms pertain to non-immigrant visa classifications.The USCIS also handles forms related to naturalization and citizenship. These forms begin with the letter “N”.
The person applying for visa must first submit either DS-260 or DS-160 to the Department of State depending upon the applicability. The DS-260 is an immigrant visa application and DS-160 is a non-immigrant visa application. These forms are used to collect necessary information and determine the applicant’s eligibility for seeking an immigrant or non-immigrant visa.
The USCIS also issues G forms for administrative purposes. These G forms are generally filed in conjunction with USCIS forms.
The two most important G forms are:
G-28, (notice of entry or appearance of attorney) and;
G-1145, (e-notification of application/petition acceptance).
THE TWO MAIN KINDS OF FORMS ARE:
Petition forms: Here, a petitioner files a form requesting a benefit (associated with an immigrant status or non-immigrant status) for a beneficiary. The beneficiary is usually distinct from the petitioner, though there are some self-petition categories. Petition forms generally carry the most uncertainty regarding approval, and some of them are subject to quotas.
Application forms: These include application forms related to entry to the United States, leaving to the United States, and work authorization in the United States. The benefits being sought here are generally governed by clearer frameworks of rules, and carry less uncertainty than petition forms.
All USCIS forms are free to download. The filing fees vary by form, from free to several hundred dollars. The filing fee for a form may not be the only fee that needs to be paid for the status being sought on the form. There may be additional fees associated with that status.
We provide Legal Process Outsourcing(LPO)services in the following Immigration matters:
PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment. The employer must be prepared to hire the foreign worker on a full-time and permanent basis and must meet the other related conditions. The U.S. employer requests a permanent labor certification by completing ETA Form 9089-Application for Permanent Employment Certification.This application describes the job duties, educational requirements, training, experience, and other special capabilities that the alien must possess to do the work, and a statement of the prospective alien’s qualifications.
Waiver of Inadmissibility:Any person who is not eligible to be admitted into the United States is said to be inadmissible. When a person is inadmissible, he or she must seek a waiver by filing Form I-601, Application for Waiver of Grounds of Inadmissibility, and get it approved in order to be able to enter the U.S. The grounds of inadmissibility must be – Health-related issues, Criminal issues, Immigrant Membership in Totalitarian Party, Immigration fraud, Smugglers subject to civil penalty, 3-year or 10-year bar for unlawful presence, Issues with Temporary Protected Status applicant, Unlawful presence by NACARA or HRIFA applicant, Unlawful presence by VAWA applicant, Issues with T non-immigrant applicant.
Provisional Waiver:Form I-601A, Application for Provisional Unlawful Presence Waiver is a special form designed to waive unlawful presence. Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may use this application to request a provisional waiver of their unlawful presence in the U.S. This form reduces the time an applicant has to be outside the U.S. by allowing filing prior to departure to a foreign country.The only ground of inadmissibility must be 3-year or 10-year bar for unlawful presence.
PERMISSION TO RE-APPLY AFTER DEPORTATION-
Form I-212,Application for Permission to Reapply for Admission into the United States after Deportation or Removal is for a particular inadmissible immigrant and non-immigrant population that is seeking permission to reapply for admission into the United States (also known as “consent to reapply”) after they have been excluded, deported, or removed from the United States or had been unlawfully present in the United States for an aggregate period of more than 1 year, and subsequently entered or attempted to re-enter the United States without being admitted.
ADJUSTMENT OF STATUS-
Adjustment of Status is the process of changing from a non-immigrant immigration status to permanent residence. U.S. immigration law allows a temporary visitor to change status to a permanent resident if the individual lawfully entered the United States and meets certain requirements.Intending immigrants that meet the eligibility requirements for adjustment of status, may file the following forms:-
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-765, Application for Employment Authorization (optional)
Form I-131, Application for Travel Document (optional)
Form I-130, Petition for Alien Relative (Family based)
Form I-130A, Biographic Information (if relative is a spouse)
Form I-864, Affidavit of Support
Form I-140, Immigrant Petition for Alien Workers (Employment based)
G-325A, Biographic Information (for deferred action)
B-VISA, VISITOR VISA
A B visa is one of a category of non-immigrant visas issued by the United States government to foreign citizens seeking entry for a temporary period. The two types of B visa are:
B-1 Visa- Issued to those seeking entry for business purposes, and
B-2 Visa- Issued to those seeking entry for tourism or other non-business purposes.
The applicant must file Form DS-160, online non-immigrant visas application, for temporary travel to the United States and Form I-539, Application to Extend/Change Non-immigrant Status for extension of stay.
U-VISA, VICTIMS OF CRIMINAL ACTIVITY
The U non-immigrant visa is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The applicant must file the following forms:
I-918, Petition for U Non-immigrant Status.
I-192, Application for Advance Permission to Enter as a Non-Immigrant.
O-VISA, INDIVIDUALS WITH EXTRAORDINARY ABILITY OR ACHIEVEMENT
An O visa is a classification of non-immigrant temporary worker visa granted by the United States to an alien “who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements”, and to certain assistants and immediate family members of such aliens. The alien may file Form I-129, Petition for a Non-immigrant Worker.
H1-B, SPECIALTY OCCUPATIONS
The H-1B Visa allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor’s degree or the equivalent of work experience. The duration of stay is three years, extendable to six years; after which the visa holder may need to reapply. The Employer must file Form I-129, Petition for Non-immigrant Workerfor the intending employee.
J-1 VISA, EXCHANGE VISITORS
A J-1 visa is a non-immigrant visa issued by the U.S. to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S.All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or government program. Form required for J-1 Visa is Form DS-2019, Certificate of Eligibility for Exchange Visitor Status.
L-1A, INTRACOMPANY TRANSFEREE
The L-1 visa facilitates the temporary transfer of a foreign worker in the managerial, executive, or specialized knowledge category to the U.S. to continue employment with an office of the same employer, its parent, branch, subsidiary, or affiliate. The employer must file Form I-129, Petition for a Non-immigrant Worker, with fee, on behalf of the employee.
E-VISA, TEMPORARY WORKERS
The E visa category includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which the treaty trader or investor is a citizen or national. Form required: Form I-129, Petition for Non-immigrant Worker.
F-1 and M-1, STUDENT VISA
The F-1 Visa, Academic Student allows a person to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. He must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and the school must be authorized by the U.S. government to accept international students.
The M-1 visa, Vocational Student category includes students in vocational or other non-academic programs, other than language training.
Forms required to be filed:
DS-160, Online Non-immigrant Visa Application
Form I-20, Certificate of Eligibility for Non-immigrant Student Status
APPLICATION FOR NATURALIZATION
Form N-400, Application for Naturalizationis a government form used by green card holders who are ready to apply for U.S. citizenship. Filing this form with U.S. Citizenship and Immigration Services (USCIS), is the first step of “naturalization,” the process of becoming an American citizen. Only individuals who have satisfied the eligibility requirements for naturalization may file an N-400. In general, the applicant must be at least 18 years old and have had a green card for five years (or three years if married to a U.S. citizen).
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