H1B Visa Stamping

Question details

My first term of H1B is going to expire in August 2010, is it possible that I will get the new visa stamped from Canada before expiration like in June or July?

I think they will not stamp a new visa while the old one is still valid for some number of days (30 or 60, I forget). Email the consulate.

CBP Reminds U.S.-Bound Travelers from Visa Waiver Program Countries to Complete Online Travel Authorization

 On the one-year anniversary of implementing the Electronic System for Travel Authorization, the Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S.-bound travelers from Visa Waiver Program countries of the ESTA requirement. Beginning January 20, CBP will initiate a 60-day transition to enforced ESTA compliance for air carriers; VWP travelers without an approved ESTA may not be allowed to board a U.S.-bound plane.

Birth Certificate Question

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My I-140 was approved in Oct 2009 under EB1-b category. Now for filing I-485 we I had obtained my birth certificate (for the first time) in 2009. My lawyer is saying that will not do, instead I should obtain a non-availability certificate for my birth and provide three affidavits about my birth date and place from my relatives who are at least 10 years older than me. This sounds bizarre to me, as the birth certificate that was issued to me should be seen as a valid document and perhaps better than a non-availability certificate.

As far as I can think, what your lawyers say makes sense only if your birth was not registered when you were born. If the registration was done recently, I would agree with your lawyers, otherwise not.

Visiting Canada on a student visa

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My boyfriend is here in the US on a student visa. He graduates at the end of the week. He has put in his application for OPT and it is pending. We had plans to travel to Canada to visit his family for the holidays but now are worried that he will not be able to get back into the US since the student visa expires and the OPT has not been issued yet. Do we have any other options?

Are there any impediments to exit the US with a expired B1/B2

Question details

I came to US when I was a minor under the care of my parents with a B1/B2 visa. My parents decided to stay here for 1 year. 5 years have passed. I am 20 years old now. My B1/B2 visa expired in august of this year and I do not want to stay illegal in this country anymore. I am going back to my country. Are there any impediments for me to exit without any problems?

As far as I know, there is no impediment. But I think you will be subject to a ten year bar from reentering USA once you leave.

USCIS Announces Humanitarian Parole Policy for Certain Haitian Orphans

On Jan. 18, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State (DOS), today announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.

Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs

[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Notices]
[Page 2879-2880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja10-63]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2009-0162]

RIN 1601-ZA08

Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs

AGENCY: Office of the Secretary, DHS.

ACTION: Notice.

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Vistor Visa for Niece

Question details

My parents are planning to visit us here in States in Summer. They have 10 year multiple entry visa. They have been here before (about 2 years ago). This time they want to bring my niece (9 years old) with them as my niece will have 2 months summer break during that timeframe. My question is what documents do we need for her visa. Does my parents need to accompany her during her Visa interview.

Send an email to consulate asking for local requirements for grant of a visa for a child to travel with grandparents. They may need consent from her parents.

Petition for mother

Question details

I am a US citizen and I want to petition my mother for Permanent residency using the I-130 form. She is currently in the USA illegally. Does she have to go back to her home country while I petition for her? Will she be deported if she stays here? I would like information about what to do with my case. Is there a fine that I have to pay because she has been here illegally since 1989?

As far as I know, if she entered USA legally, you should be able to get her green card. But I always advise people in this situation to get a local lawyer.