Archive for October, 2010

Immigration – Tips On How To Have A Successful Marriage Interview

Posted on October 22, 2010. Filed under: Immigration | Tags: , , , , |

Often there is a misconception that once you marry a US citizen, you have will be automatically approved to be a resident in the US. But it is not an easy task, though they are being credited as husband and wife they have to undergo a rigorous interview process which has been carried out in the United States Immigration system. Here are some of the tips to succeed the marriage interview immigration process.

Tips to succeed the marriage interview immigration:

Not many know the fact that the immigration ins procedures involves a formal interview with the officials in the United States Citizenship and Immigration Services (USCIS). Very often people end up not preparing for the interview without knowing the consequences. The result being high percentage of applicant getting denied of the respective cases and leading to arresting and deporting. The tenor of each marriage interview immigration depends upon the individuals and also the USCIS official’s personality. It actually is not difficult as the common perception, but can be made easier without much difficulty or grueling effort. Let us see how to avoid all unhappy things like anxiety and stress out of us to get approved of the marriage visa interview.

  • Documents – Make sure to bring all the necessary documents that necessary to show your identity which means items like the bona fide document, letter, mementos, photos, bank account statements, tax returns, property deeds and any other documents to prove that your marriage is a true marriage.
  • Time – It is always advisable to be at least 45 minutes ahead of the interview so that there is enough time to relax and be well prepared for the same.
  • Dress code – The first impression is the best impression. Hence it very important to come in formally dressed for the interview.
  • Well Organized – Most important of all you should listen and respond properly. Within the allotted time you should be able to answer to the point ,be specific and not not talk too much
  • No guesses – During the interview process, do not try to make guesses. For example, do not try to give different answers to the official by guessing. Prepare yourself well and then answer. Because there are chances that different answers are given to the same question when posed to each of the partners.
  • NO memorizing – There is no need to memorize any kind of answers during the interview process. Its just that you have to remember the few dates and you will be allowed to look at your form I 485
  • History of your relationship – During the interview you will be posed questions as to when you met each other, first date together, etc. Understand that you are not answering to a police man, its just a mere talking to an official and its better to disclose all the truthful answers portraying your relationship from engagement to marriage.

The marriage interview immigration is a simple and easy event, but can become complicated and a painful event if the proper procedures are not followed where both partners are involved. The marriage interview usually takes place about six to twelve months after the application. A proper homework will be best to get approved of the interview. As a couple its just a challenge so face it and enjoy life to the fullest.

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What Is Form I-765?

Posted on October 15, 2010. Filed under: Immigration | Tags: , , |

If you are a not a US citizen or a lawful permanent resident, you should apply for an EAD to prove you may work in the United States.

Employment authorization form I-765 :

Certain persons who are temporarily in the United States may file a Form I-765, Application for Employment Authorization to get an Employment Authorization Document (EAD). Others who are authorized to work in the US without restrictions should also used this form to apply for a document showing such authorization.

EADs are issued in three categories. This document proves your right to work in the United States. The renewal EAD is where a document is issued to an eligible applicant on expiration of previously held EAD. A Replacement document is issued to eligible applicants when the previously issued EAD was lost, mutilated or contains incorrect information such as a misspelled name.

In situations where you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007 or after and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 along with your I-485 or may submit the I-765 at a later date. I f you are filing Form I-765 separately, you should also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485. Individuals who get an EAD as part of an adjustment of status application can work for anyone. The issuance of employment authorization is essentially unlimited. There are no restrictions on whom the applicant may work or how many hours he/she may work.

If you are applying based on asylum status, you must wait to apply for employment authorization until 150 days have passed since the date the asylum application was filed and if no decision has been made on the asylum application. In case 150 days have passed and no decision has still been made on your application, you can file Form I-765 to request employment authorization. If you already received a recommended approval for a grant of asylum, you need not wait until 150 days have passed since your filing date and can apply for an employment authorization document immediately upon receipt of the recommended approval. If you are granted asylum, you are liable to employment authorization and you will receive an employment authorization document from USCIS.

As far as the submission fee for the I-765 is concerned, you need to send a check for $340 along with your application. There are a few exceptions though.

Once you send the completed application to the USCIS, they will check for its completeness. Additionally, they may request more information or evidence and the applicant maybe required to appear at an USCIS office for an interview. And also, they might request the applicant to submit original documents, which will be returned when they are no longer required. Then, a decision will be made within 90 days of the application (30 days for an application based on asylum application). If approved, the EAD will be sent to the applicant or the applicant may be requested to go to the local USCIS office to pick it up. If denied, a written notice explaining the basis of denial will be sent to the applicant.

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Why do I Fill In This Form I -751?

Posted on October 8, 2010. Filed under: Immigration | Tags: , , |

Of the many ways through which a person can obtain a green card, marriage to a US citizen is one. In short if you had obtained your conditional resident status through marriage to a US citizen you will then need to apply to the USCIS to remove the conditions attached to your green card with the form I 751 immigration form.

Green card issued based on a marriage to a US citizen are conditional in nature for a period of two years. This immigrant visa category is called as Conditional Resident. With the expiry of the schedule two years the conditional resident period is automatically over and you will be subject to deportation or removal.

To avoid this you need to fill out the I 751 immigration form 90 days or less before the permanent residence expires.

Once you have filed the I 751 immigration form with the USCIS, they extend your permanent residence for 1 year until the request to remove the conditions is either approved or denied. It is important to note that the onus lies on the applicant to prove that the marriage was not a sham to obtain a green card.

If you have dependent children who have acquired conditional resident status concurrently with you and have entered the United States within 90 days of your arrival, then you must include their names and A-Numbers of these children in part 5 of the I 751 immigration ins form to have their conditional resident status removed.

If you have dependent children who acquired their conditional resident status after 90 days from the date of your adjustment or if the conditional parent is deceased, then those children must file the form I 751 separately.

The timing of filing the I 751 immigration form is important.

If you are filing this form jointly with your wife, then you must file it during the 90 days immediately before the second anniversary of the date you were given conditional resident status. For all practical purpose this is the date on which your conditional resident status expires.

You should file the form I 751 to prove that your marriage was not a sham. To prove this you can attach as many documents that you wish to establish this fact. Your documents may include:

a. Birth certificate(s) of child(ren) born out of the marriage.

b. Mortgage or lease contract showing joint occupancy.

c. Any other documents as proof to establish that your marriage was not entered into to evade the US Immigration laws.

d. Affidavits sworn by at least two persons.

Once the application is accepted it will be checked for its correctness. If you do not fill out the form completely you will not establish a basis for eligibility and the USCIS may deny your application.

The decision of the USCIS will be notified to you in writing.

The filing fee associated with the I 751 immigration form is $465 with an additional $80 as bio-metric fee.

It is important that the form I 751 is filed within the proper window period of 90 days before your second anniversary as it will help you stay in status and also have your green card renewed further.

 

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Become a U.S. Citizen

Posted on October 1, 2010. Filed under: Immigration | Tags: , , , |

An individual is called a US citizen, when he/she is a legal member of the United States. Being a US Citizen , the individual has many rights where he/she may obtain the Social Security and Medicare benefits on retirement. He also has the right to vote and choose a government. A US Citizen may obtain a US passport with which he may travel abroad to every country in the world. Also being a US Citizen provides the right to sponsor his/her family to enter US legally and help in obtaining Green Card / Permanent Resident Card.

Ways of obtaining US Citizenship:

There are three ways in which the individual may become a citizen.

*Being born in US makes the individual a US citizen automatically
*When the individual is born abroad to US Citizen parents, then he/she may claim US Citizenship through parents.
*If the individual is born outside US to non- us citizen, who has immigrated to United States may obtain US citizenship through Naturalization.

Citizenship Application

One way to become a citizen is through Naturalization. The process of an immigrant becoming a citizen of United States is called Naturalization. The individual must file citizenship form n400 to apply for naturalization.

Eligibility:

An individual may qualify for Naturalization if:

– he/she is least 18 years of age

– has been a permanent resident for at least 5 years and meet all other eligibility requirements.

– has a permanent resident card for 3 years card and is married to a US Citizen

– is in a qualifying service in the U.S. armed forces and meet all other eligibility requirements.

To become a citizen, it is mandatory that the individual must live inside US for the required period of time to be eligible to apply for Naturalization. If the individual leaves the United States for too long, he/she may interrupt the Continuous Residence. If the individual leaves the United States for more than 6 months,but less than 1 year, he/she has broken or disrupted the continuous residence unless the individual can prove otherwise. Continuous Residence does not apply to some specific people who have served in the armed forces during designated periods of conflict.

In addition to these requirements the individual must be of a good moral character and must be clear from all criminal records.

Civics and English test :

Another requirement to become a citizen is that the applicants must demonstrate an understanding of the English language and a knowledge and understanding of the fundamentals of the history as the law requires the applicants to be able to read , write and speak basic English and also have a basic knowledge about US history and government. There are certain exceptions where the applicants be exempted from the English Language teas and Civics test based on the individual’s age and the period of being in United States as a permanent resident.

Application Process:

Once the citizenship form n400 has been received by USCIS, they may request more information or evidence, or may request the applicant to appear for an interview. If the citizenship form n400 is approved, the applicant must appear for the Oath of Allegiance Ceremony where he will be declared a Citizen of United States.

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