Immigration.com

FAQs on I-864 Affidavit of Support

11 years ago By Chief Editor
Question details

1. When is the I-864 processing fee paid?

2. When does the NVC send instructions about the I-864, I-864W, I-864EZ and I-864A?

3. Is there a fee I will need to pay for the Affidavit of Support forms?

4. Is there a fee to review the Affidavit of Support at a U.S. embassy or consulate abroad?

1. When your immigrant visa case is ready to begin processing at the NVC, the NVC will send an Affidavit of Support processing fee invoice and payment instructions to your petitioner.

Supplemental Guidance for Processing I-601A Provisional Unlawful Presence Waivers

11 years ago By Chief Editor

As announced in Ref A, 9 FAM 40.92 has been updated with information and guidance to consular officers related to a new final rule permitting certain immediate relatives of U.S. citizens to apply to the United States Citizenship and Immigration Service (USCIS) for an I-601A provisional waiver of unlawful presence before leaving the United States for their immigrant visa appointments. This cable provides supplemental information for posts in processing these cases.

For more information on this please click the attachment.

Countries with Limited or No U.S. Visa Services

11 years ago By Chief Editor

U.S. embassies and consulates are sometimes forced to limit or, at times, suspend visa services because of natural disasters, civil unrest, war, and/or security concerns, among other reasons. Information in the link provided below notes the U.S. embassies and consulates that currently provide limited visa services, locations where visa services are suspended, and countries that do not have U.S. embassies or consulates.

For more information on this please visit the DOS website.

B Visa Extensions

11 years ago By Chief Editor
Question details

Q1.I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. How long can he stay here in US until the decision is made? Will his multiple Visa get rejected if his extension is denied?

Q2. What is recommended, he leaves immediately or waits until his extension decision comes?

A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions.

Change in J-1 Status

11 years ago By Chief Editor
Question details

I came to U.S by J-1 visa and now I am married to a U.S citizen.I got married in the first month here and my DS form will expire after 2 months. What will be my status?

Two concerns:

1. Your J-1 visa must not be subject to the two-year HRR; and

2) You must not have had a pre-conceived intention to get married when you entered the USA.

Both are serious issues. Consult a lawyer please.

DOL Notice on ETA-9033 and ETA-9033A Proposed Changes

11 years ago By Editor

The Department has published a Notice in the Federal Register announcing a 60-day comment period on its proposed changes to the form ETA-9033, Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports and ETA-9033A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska. To read the Notice, please click here.

Employment Based Self Application

11 years ago By Chief Editor
Question details

1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow.

2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.

1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

Petitioning for my Spouse

11 years ago By Chief Editor
Question details

I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?

Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.

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