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Latest News :
* Essential Documents for a Successful NIW EB-2 Petition
* Understanding the I-751 Petition to Remove Conditions on Residence
* When To File a Writ of Mandamus in Immigration Cases
* New Investment Thresholds for International Entrepreneur Rule Effective
October 2024
* USCIS Updates Citizenship Guidance for Children
* DHS Announces New Parole Process for Noncitizen Spouses
* Somalia’s TPS Extended and Redesignated Until March 2026
* How to Master IELTS Preparation for Admission in the U.S. Universities
* Yemen TPS Extended and Redesignated for 18 Months
* DHS Eases Rules for Yemeni F-1 Students Amid Crisis
* New Rules to Streamline Intercountry Adoptions
* Visa Bulletin For August, 2024 Published: Good News for Family Based
Categories
* Common Pitfalls: Avoiding Issues with Prevailing Wage Determination
* Rule of “Circumvention of Lawful Pathways” and Its Impact on Asylum-Seeking
Immigrants
* Interim Final Rule by Biden Administration and Its Impact on Asylum Seekers
* USCIS Updates Guidance for Diversity Visa Adjustment of Status
* USCIS Expands Online Case Status Tool for Adoption Related Forms
* DHS Introduces New Resources to Fight Gender-Based Violence
* USCIS Reminds Applicants and Petitioners to Use Current Form Editions
* USCIS Enhances Customer Service and Privacy for Protected Individuals
* Ultimate Guide to Bringing Your Internationally Adopted Child to the USA
* Haiti TPS Extended and Redesignated for 18 Months
* USCIS Updates Customer Service for Refugee/Asylee Petitions
* DHS Offers Employment Relief for Haitian F-1 Students
* New Process for Submitting Form I-515A Documentation
* The Matter of Dhanasar and The Three Prongs of NIW Evaluation
* Ultimate Guide to International Adoption for U.S. Citizens
* USCIS Updates Confidentiality Rules for Certain Naturalized Citizens
* USCIS Updates Guidance on Hague Adoption Convention
* Easier Visa Process for U.S. College Graduates
* USCIS Extends EAD Validity under Temporary Protected Status
* Understanding Eligibility Criteria for Hindu Religious Workers Seeking an R-1
Visa
* DHS/DOJ Interim Final Rule Limits Entry at Southern Border
* USCIS Issues Guidance on In-Person Filing for Certain SIJ Petitioners
* DHS published rule on Extension and Redesignation of Myanmar for TPS
* U.S. Urges Timely Post-Adoption Reports for Polish Adoptions by US citizens
* Eligibility Criteria and Benefits of the E-2 Treaty Employee Visa
* DOJ Final Rule on Enhancing Immigration Case Efficiency
* USCIS Changes Processing Location for I-730 Petitions
* Angola Joins Hague Convention on Intercountry Adoption
* Justice Department Intensifies Anti-Smuggling Efforts to Boost Immigration
Enforcement
* NIW Success story of an Applied Microeconomist
* USCIS Updates Guidance for Family-Based Immigrant Visas
* US Justice Department Sues Oklahoma Over Unconstitutional Immigration Law
* Justice Department to Speed Up Immigration Cases for Recent Border Crossers
* 2023 SEVIS Report Shows Increase in International Student Enrollment
* E-Verify: A Comprehensive Solution for Ensuring a Legal Workforce and
Enhancing Employer Compliance
* DOS Issues Record Number of Visas
* DV Lottery Winners FY 2025 Announced
* USCIS Opens Additional San Francisco Asylum Office
* DHS Proposes Applying Mandatory Bars in Asylum Screenings
* Potential Causes for EB-2 NIW Visa Denial: Avoiding Common Pitfalls
* USCIS Reminds Certain Employment-Based Petitioners to Submit the Correct
Required Fees
* USCIS Strengthens T Nonimmigrant Visa Program and Protections for Trafficking
Victims
* Daca Recipients Will Now Qualify For Obamacare Under A New Rule
* Businesses Consider Migrants as Potential Solution to Labor Shortages
* Avoid Common RFEs in B-1/B-2 to F-1 Change of Status Applications
* USCIS Announces Open Application Period for the Citizenship and Integration
Grant Program
* USCIS to Open International Field Offices in Qatar and Turkey
* USCIS Releases Reasonable Fear Procedures Manual
* DOS Final Rule on General Provisions of Exchange Visitor Program
* Attorney Raju Mahajan Engages in Multiple Seminars Across Ghana
* Selecting the Right Person: Choosing Your Employer’s Point of Contact Wisely
for EB-3 (PERM)
* USA Granted 2.3M Non-Immigrant Visas to Mexicans
* DOS Suspends Visa Services in Haiti
* 1M+ Indians Await Highly Skilled US Immigrant Visas
* Notable Shift on Visa Bulletin
* Essential Steps to Register a Business in the USA
* USCIS to Reject Misfiled Asylum Applications After May 9
* Reminders Regarding the DACA Renewal Process
* USCIS Adjustment of Status Filing Dates for May 2024
* USCIS Adopts DOL’s Definition of “Science or Art”
* Simplifying LoRs 101
* Uplifting Victims of Crime and Human Trafficking through U Visa and T Visa in
the Immigration Framework
* New Citizens Can Easily Request Social Security Updates
* USCIS Fees Set to Increase From April 01, 2024
* US Warned to Reduce Visa Wait Time for 2026 FIFA World Cup
* Lawsuit Filed in US Court Challenging Visa Fee Hikes For EB-5 And Asylum Fee
Charges
* U.S. to Spend $50 Million to Cut Visa Wait Times and Passport Backlogs
* USCIS Streamlines Process for Refugee EADs
* Indian Students Issued Record Number of Student Visas
* USCIS Reaches Cap for 2nd Half of FY 2024 H-2B Visas
* Kyrgyzstani Citizens Granted 10-Year Valid US Tourist and Business Visas
* USCIS Mobile Biometrics Collection in Remote Areas
* Domestic Employee or Nanny – Must Be Accompanying a Foreign National Employer
(Part – 3)
* Domestic Employee or Nanny – Must Be Accompanying a Foreign National Employer
(Part – 2)
* USCIS Reaches H-2B Cap for Second Half of FY 2024
* FY 2025 H-1B Visa Application Process Begins
* Religious Workers Face US Immigration Backlog
* Certain Updated Forms Take Effect on April 1 with No Grace Period
* Domestic Employee or Nanny – Must Be Accompanying a Foreign National Employer
(Part – 1)
* H-1B Visa Registrations Begin on March 6
* New Immigration Court in Chelmsford Aims to Ease Backlogs
* No Visa Backlog Under The EB-5 Rural Category Now
* Eligible Ukrainians Can Now Apply for Re-Parole
* Green Card Backlog Increased by 16% in January
* US Working to Reduce Visitor Visa Wait Time for Indians
* The Cost of US Citizenship Is About to Rise
* USCIS Launching a Pilot of E-Verify+
* USCIS Increases Form I-907 (Premium Processing Service) Fees
* New Immigration Court Opens in Bay Area
* Launch of USCIS Online Organizational Accounts and Electronic Filing
* Retrogression of Employment-Based Category According to Visa Bulletin
* Notes on PERM Online Filing Updates and Fixes
* B1 B2 Visa for Athlete, Amateur or Professional (competing for prize money
only) Part – 2
* USA Kickstarts Domestic H-1B Visa Renewals
* 100k Work Authorisation to Spouses and Children of H-1B Visa Holders
* USCIS Completed 10 Million Immigration Cases in FY 2023
* Visa Restrictions for Those Involved in Spyware Misuse
* B1 B2 Visa for Athlete, Amateur or Professional (competing for prize money
only) Part – 1
* International Cultural Exchange Visitor (Q-1)
* Immigration courts clear cases at a 50% higher rate
* Guidance on Untimely Filed Extension of Stay and Change of Status
* USCIS Changes Fee Payment Process for Filing In-Person
* Permanent Residency and Citizenship Fees Set to Increase
* The Importance of Obtaining a FEIN for Your Business
* U.S. Immigration Courts Struggle as 3M Cases Pile Up
* Guidance and FAQs on Domestic Renewal of H-1B Visas
* USA Mulls “Treaty Country” Status for India
* Nearly 40K Jobs Open to Immigrants with Work Permits
* Visas for Diplomats and Foreign Government Officials
* Cap Reached for Additional Returning Worker H-2B Visas
* USCIS to Launch Organizational Accounts
* USCIS Issues Policy Guidance on “Ability to Pay”
* USCIS Adjustment of Status Filing Dates
* Navigating Policy Shifts: A Legal Analysis of Recent Changes in US Asylum Law
* USA Updates Visa Interview Waiver Guidance
* US Granted a Record-Breaking Number of 10.4 Million Visas in 2023
* Progress in EB-5 Golden Visa Applicants from India
* Guidance on Ability to Pay for Some Employment-Based Immigrant Visa Petitions
* US Immediate Relative Visas- Intercountry Adoption of Orphan Children by U.S.
Citizens (IR3/ IH3, IR4/IH4, IR2/CR2, IR5) – Part: 2
* US Immediate Relative Visas- Intercountry Adoption of Orphan Children by U.S.
Citizens (IR3/ IH3, IR4/IH4, IR2/CR2, IR5) – Part: 1
* Stateside Visa Renewal Pilot to Begin in January 2024
* In-Person Interviews Waiver For H-2 Visa Applicants
* Record-Breaking Immigration Backlog in the U.S.
* Adjustment to Premium Processing Fees
* Key Components of a Strong Asylum Case in the USA: Insights from a US
Attorney
* USCIS Updates Policy Guidance for International Students
* H-1B Domestic Visa Renewal Eligibility
* Illinois Attorney General Recovers $3m in Back Wages, Damages for 283 Workers
* L-1 Visa – Intra-company Transfer (Part-2)
* USCIS Changes Filing Location for Certain Forms
* DHS Extends Re-Registration Periods for TPS
* Updated Guidance on Family-Based Conditional Permanent Residence
* Fee Increase Scheduled from December 1, 2023
* L-1 Visa – Intra-company Transfer (Part-1)
* Legislation to Reduce Green Card Backlog
* Visa Operations Achievements During FY 2023
* FAQs on Employment-Based Adjustment of Status
* H-1B Visa Renewal Pilot Excludes Dependents
* Navigating Hope: Understanding Temporary Protected Status (TPS)
* H-1B Worker Domestic Visa Renewal Pilot to Start in January
* USCIS Expands H-2B Visa Program to Address Labor Shortages
* US Embassy in India Issues 140,000 Student Visas, Sets All-Time High
* US Set to Implement ‘Paperless Visa’ Issuance Globally
* USCIS Announces Changes in Filing Location for Form I-140
* H-2A Visa vs H-2B Visa: Matching the Right Visa to the Right Worker
* USCIS Expands myProgress to Form I-485 and Form I-821
* DOJ Settles $25 Million Lawsuit with Apple
* Congress Is Under Pressure to Reduce Waiting Time for Asylum Seekers
* USCIS Provides Additional Guidance for EB-5
* Crewmember Visa (D)
* USCIS Removes Biometric Services Fee for Form I-539
* DOL Announces Funding Worth $98M
* Report Published Showing Contribution of Immigrants
* USCIS Announces Availability of Additional H-2B Visas
* SQ Visa- A Special Visa program for Iraqis Who Worked for/on Behalf of the
U.S. Government
* Securing Green Card Through Marriage: Step-by-Step Guide
* DOS Publishes Visa Bulletin for December 2023
* DHS Announces Countries Eligible for H-2A and H-2B Visa Programs
* Green Card Backlog Costs Economy Trillions in Gains, Report Says
* USCIS Potomac Service Center Will No Longer Accept Paper Responses
* Weekly Immigration News (October 31-November 06)
* A Historical Overview of the Diversity Visa (DV) Program in the USA
* Weekly Immigration News (October 24-30)
* Adjustment of Status Guidance
* Weekly Immigration News (October 17-23)
* What Is A Transit Visa In The Usa, And How Is It Beneficial?
* Weekly Immigration News (October 10-16)
* Reasons Why You Should Pursue An EB-2 NIW Visa
* Weekly Immigration News (October 03-09)
* Ways to Speed Up the Visa Approval Process
* Weekly Immigration News (September 26-October 02)
* When To Seek Asylum Visa In The USA
* Weekly Immigration News (September 19-25)
* Know Why Your Visa Might Have Been Revoked
* Weekly Immigration News (September 12-18)
* How To Apply For An Investor Visa In The USA?
* Agreement Signed Between Raju Law and Primeasia University
* Weekly Immigration News (September 05-11)
* Understanding Request for Further Evidence (RFE) Step-by-Step
* Weekly Immigration News (August 29-September 04)
* What is M-1 Visa, and How is it Different from F-1 Visa?
* Weekly Immigration News (August 22-28)
* Things To Consider Before Choosing A University In The USA
* Weekly Immigration News (August 15-21)
* Understanding Visa Bulletin Step-by-Step
* Weekly Immigration News (August 08-14)
* Things You Need to Know About NIW
* Weekly Immigration News (August 01-07)
* What Are The Things That Usually Go Wrong During F-4 Visa Interviews?
* Weekly Immigration News (July 25-31)
* What is Adjustment of Status and Who Needs It?
* Weekly Immigration News (July 18-24)
* All You Need to Know About VAWA Self-Petition
* Business Seminar by BBTA (Bangladesh Business Association of Tennessee)
* Weekly Immigration News (July 11-17)
* Ananda Mela at Los Angeles Virgil Middle School
* Weekly Immigration News (July 04-10)
* An Inside Look at U Visa
* Weekly Immigration News (June 20-July 03)
* All You Need To Know About The T Visa
* TN Visa Category
* How to Ace Any English Proficiency Exam for US Student Visa
* Your F-1 Visa is About to Expire, What Options Do You Have? (Part: 5)
* Weekly Immigration News (June 13-19)
* Your F-1 Visa is About to Expire, What Options Do You Have? (Part: 4)
* Your F-1 Visa is About to Expire, What Options Do You Have? (Part: 3)
* Your F-1 Visa is About to Expire, What Options Do You Have? (Part: 2)
* Weekly Immigration News (June 06-12)
* Knowledge Exchanging Seminar at The Clarkston Community Center, Georgia
* Your F-1 Visa is About to Expire, What Options Do You Have? (Part: 1)
* Business Seminar at the Lucky Shoal Park in Georgia
* Weekly Immigration News (May 30-June 05)
* The ABCs of An M visa
* How to Write a Unique Personal Statement for US Universities
* Weekly Immigration News (May 23-29)
* What Are The Most Frequently Asked Questions in An F-4 Visa Interview?
* Weekly Immigration News (May 12-22)
* US Visa Policy Aims At Promoting Free, Fair Elections In Bangladesh
* How to Choose the Right US University for Your Career Goals
* Citizenship Act 2023: The end of country quota from Green Cards
* A Quick Look into The Revised New Form ETA-9089
* USCIS Updates (May 03-08)
* The 180-Day Asylum EAD Clock (Part: 2)
* The 180-Day Asylum EAD Clock (Part: 1)
* Termination of Asylum (Part: 2)
* USCIS Updates (April 17-24)
* Weekly Immigration News Recap (April 10-16)
* Termination of Asylum (Part: 1)
* How to Prepare an Affirmative Asylum Application (Part: 2)
* Immigration Seminar with Uyghurs
* How to Prepare an Affirmative Asylum Application (Part: 1)
* Weekly Immigration News Recap (April 03-09)
* Weekly Immigration News Recap (March 27-April 02)
* WRIT OF MANDAMUS: Remedy for Unreasonable Delay in Visa Processing
* How to Apply for Convention Against Torture Protection (Part: 2)
* How to Apply for Convention Against Torture Protection (Part: 1)
* Weekly Immigration News Recap (March 20-26)
* Filling Out Form I-730, Refugee or Asylee Relative (Part: 2)
* Filling Out Form I-730, Refugee or Asylee Relative (Part: 1)
* Weekly Immigration News Recap (March 13-19)
* Weekly Immigration News Recap (March 6-12)
* Chances of Criminal Record Affecting Immigration (Part: 2)
* Weekly Immigration News Recap (February 27-March 5)
* Weekly Immigration News Recap (February 20-26)
* Weekly Immigration News Recap ( February 13-19)
* Transfer of Underlying Basis – Part One
* Weekly Immigration News Recap (February 06-12)
* Weekly Immigration News Recap ( January 23-29)
* Undocumented Immigrant
* Weekly Immigration News Recap (January 16-22)
* Things You Need to Know About EB2-NIW
* All you Need to Know About H-3 Visa
* DV Visa Program: All You Need to Know
* WHAT IS ADMINISTRATIVE PROCESSING?
* Weekly Immigration News Recap (January 9-15)
* Weekly Immigration News Recap (January 2-8)
* Why US Visa Applications are Rejected
* A Basic Guide to the United States Federal Court System
* Weekly Immigration News Recap (December 26-January 1)
* ALL YOU NEED TO KNOW ABOUT J-1 VISA
* Weekly Immigration News Recap (December 19-25)
* Weekly Immigration News Recap (December 12-18)
* Weekly Immigration News Recap (December 5-11)
* Weekly Immigration News Recap (November 28-December 4)
* Weekly Immigration News Recap (November 21-27)
* Important Aspects of Form I-130A
* Basics You Need to Know Before Filing an I-140 Petition
* Weekly Immigration News Update (November 14-20)
* All about form I-864
* Weekly Immigration News Recap (November 7-13)
* Motion to Reopen & Motion to Reconsider
* US Immigration News Recap (October 10-16)
* Things to Consider Before Seeking Naturalized U.S. Citizenship, If You Are A
Former Asylee (Part-2)
* Things to Consider Before Seeking Naturalized U.S. Citizenship, If You Are A
Former Asylee (Part-1)
* US Immigration News Recap (October 03- October 09)
* All You Need to Know About Form I-485 or Green Card Application
* Hiring An H1B Worker Who Is Already In The US under The Same Status
* US Immigration News Recap (September 26-October 2)
* P3 Visa: Things You Need To Know
* Weekly US Immigration News Recap (September 19-25)
* Compilation of US Immigration News (September 12-18)
* How Overseas U.S. Citizen Proves U.S. Domicile for Form I-864 Sponsorship
* Compilation of US Immigration News (September 5- 11)
* How to apply for R-1 Visa: A Brief Discussion on Eligibility Criteria and
Requirements
* Compilation of US Immigration News (August 29-September 4)
* Opening a Business in the U.S.A as an H-1B Holder
* Who Qualifies as a Child for an Immigration Visa or Green Card?
* Compilation of US Immigration News (August 22-28)
* Compilation of US Immigration News (August 15-21)
* F-1: Academic Student
* How to Sponsor an Immigrant Friend
* H-1B Status: An Overview
* Convention Against Torture (CAT): A Conditional Relief for Asylum Seekers in
the U.S.
* What is asylum fraud? Top reasons for asylum denial
* Marriage Based Green Card Immigration
* Major categories in Application to Extend or Change Nonimmigrant Status or
form I-539
* Form I-864, Affidavit of Support
* Extend/Change your nonimmigrant status: File I-539
* Writ of Mandamus, Explained
* Procedures and the Requirements to Apply VAWA Self Petition
* Understanding Removal of Conditions
* What is Request For Evidence (RFE)?
* What do you know about the H1B Visa?
* Employment-Based Immigration: Fourth Preference EB-4
* Appealing an Immigration Decision
* Parole Process
* Green Card for Immigrant Investors
* Who Is Eligible to Apply for Humanitarian Parole for U.S. Entry?
* EB-3: Step by Step Guideline
* Who Is Eligible for Asylum or Refugee Protection in the United States?
* Overview of PERM Labor Certification Process
* Crimes That Make U.S. Visa or Green Card Applicants Inadmissible
* The U.S. Sponsor’s Financial Responsibilities
* Green Card Qualification
* Compilation of US Immigration News
* Compilation of U.S. Immigration News
* Changing Status from F2 to F1
* Economic Impact Analysis, the most important thing to know in EB2-NIW
application
* How Do you Get a F2 Visa?
* How Do You Get an F1 Visa?
* How Many Times You Can Appeal an Asylum Denial
* Many Benefits of the Concurrent H1B
* Asylum or Refugee Status: Who Is Eligible?
* Stock Trading as an F1 Visa Student – Allowed?
* The ultimate guide to the H-1B visa in the US
* 8 Benefits of Hiring an Immigration Lawyer…
* Economic Hardship Work Authorization
* Step by Step Guideline for NIW Application
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IMMIGRATION NEWS UPDATE

NEW INVESTMENT THRESHOLDS FOR INTERNATIONAL ENTREPRENEUR RULE EFFECTIVE OCTOBER
2024

July 30, 2024

Starting October 1, 2024, USCIS will increase investment and revenue thresholds
for the International Entrepreneur..

USCIS UPDATES CITIZENSHIP GUIDANCE FOR CHILDREN

July 30, 2024

USCIS has updated its Policy Manual on children’s acquisition of citizenship,
effective immediately. Key changes..

DHS ANNOUNCES NEW PAROLE PROCESS FOR NONCITIZEN SPOUSES

July 30, 2024

On June 18, DHS announced a new process to keep families together, allowing
certain noncitizen..

SOMALIA’S TPS EXTENDED AND REDESIGNATED UNTIL MARCH 2026

July 30, 2024

The Department of Homeland Security (DHS) has extended and redesignated Somalia
for Temporary Protected Status..

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* FOIA
* F-1 Visa
* H-1B
* Asylum

* EB-2
* LoR (Letter of Recommendation)
* Publications, Citations and Research
* Different Situations
* Work Experience
* Processing Time
* Degree, Certifications…
* Payment and USCIS Fees
* VISA Categories
* RFE NOID and Refund policy

1. What is the EB-2 with National Interest Waiver?

An EB2-NIW is an immigrant visa category that grants a foreign national lawful
permanent residence without the requirement of an employment offer or a labor
certificate. The job offer requirement is waived if the candidate can prove that
his permanent residence in the U.S. would be of “national interest” and would
benefit the country.

2. Is There Any Difference Between a Regular EB2 and an EB2 with National
Interest Waiver?

Yes, they are both vastly different in terms of their requirements, processing
times, and the documentation required for each. Generally, an EB2 visa or other
employment-based visas require a formal employment offer for an applicant to be
eligible to apply. Additionally, it requires a Labor Certification from the
Department of Labor.

An EB2 with NIW, on the other hand, does not require any employment offer. The
applicant is not required to go through the labor certification process with the
Department of Labor. This is as long as the petitioner (applicant) can prove
that their admittance to the United States would be of national benefit.

3. Who Can Apply for an EB2-NIW?

Any foreign national can apply for an EB2-NIW visa. An immigration attorney is
able to complete a strong application package that checks off all of the
requirements and makes the appropriate legal arguments. An applicant does not
need an employer.

4. What Does an EB2-NIW Waive Off?

The EB2-National Interest Waiver dismisses the need for a labor certification
from the Department of Labor. The labor certification can be costly and takes
time to obtain. This visa also waives the requirement of an employment offer.
However, all other “entry” requirements must be met in order to become eligible
for the visa.

5. What Are the Educational Requirements for an EB2-NIW?

The EB2-NIW visa is offered to foreign nationals who have earned an advanced
degree or a degree that is recognized internationally as being equivalent to an
advanced degree in a professional field. These persons can also satisfy this
educational criterion by holding a Bachelor's degree and possessing at least
five years of experience in their profession with increasing levels of
responsibility. Applicants for this visa must demonstrate that they have
extraordinary qualities in one or more of the following areas: science,
technology, mathematics, engineering, the arts, or business, amongst others.
According to the EB2-NIW framework, a degree or certification that is higher
than a bachelor's degree is considered to be an advanced degree. The applicant
can obtain this in the United States at a college or institution that is
recognized in the United States, or they can earn an advanced degree that is
equivalent to an American advanced degree from another country.

6. Who Qualifies for an EB2-National Interest Waiver?

The following individuals are eligible to apply for an EB2-NIW:

* A foreign national who meets the educational requirements, and
* A foreign national who meets the three-prong test in the Matter of
Dhanasar decision is listed below:

* The proposed endeavor has substantial merit and national importance
* The applicant is capable of advancing the proposed endeavor
* Substantial benefits for the “national interest” of the United States

1. How many LoRs are required for the I-140 petition?

We recommend six LoRs, and this is ideal. But four LoRs will be fine

2. I know quite a few industry experts, e.g., Deans of Lewis University & Embry
Riddle Aeronautical University, Department Head of Coast College California,
President of LH Thomson Company, etc. Will these designations/recommenders work,
or does Raju’s Team provide assistance in getting letters from other reputed
experts?

We do not provide assistance to get Recommenders. The client has to seek
recommenders on his/her own. Any prominent person from the same or relevant
field as the client would be able to provide the LoR.

3. What is the difference between dependent and independent LoRs?

Dependent LoR is from a recommender you have directly worked with or under
(supervisor, co-author, professor, research/project leader, etc.)

Independent LoR is from an expert in your field with whom you have never work
with. However, they may have seen your work in conferences, heard about your
work from their colleagues, read your articles in journals, followed your work
profile (LinkedIn, Google Scholar, etc.) or used your idea/ research in their
own work.

4. How many independent LoRs am I supposed to obtain?

A minimum of 3 independent LoRs

5. Is the Raju Law Team going to assist in selecting the recommenders, or is it
entirely up to me to do that?

Yes, we will provide advice to you regarding this matter.

6. As per step 3 in the document ‘Steps of NIW application process,’ I am
supposed to send 6 filled-up LoR templates. So, is it like I will get LoR
templates from the Raju Law Team and fill them up? Or am I supposed to create
the templates?

Yes. We will provide all the necessary templates for your case, including LoR
templates.

7. Do I need to get your LoR service? Or Can I draft the letters myself?

You can prepare the LoRs yourself if you wish to, OR the Recommender
himself/herself can write the letter (best option in terms of authenticity). In
that case, if you need any template to follow, we can provide you.

If LoR service is included with your package, our legal team will prepare the
LoRs for you if you wish.

8. Letter of Recommendation mentioned in the document “Steps of NIW Application
Process.” Could you please enlighten me more on how your law firm
handles/manages the LoR for the client?

For each letter you want us to draft for you, we need you to fill out one LoR
template with as much relevant information as possible. You can write in
paragraphs, bullet points, sentences, etc.

You also need to provide the recommender’s CV. We will draft the letter based on
the filled-in template, recommender’s CV, and your profile.

9. Who can provide me with recommendations? Are there any specific
conditions/criteria for my referees?

You will need to collect recommendation letters from prominent individuals in
your field. The individuals may be your bosses, professors, researchers, or
individuals similar to them.

You do not need to be acquainted with all your recommenders. An EXPERT in your
field can write you a letter based on your academic and work profile.

10. What should be the balance between dependent and independent LoRs? Can I use
all dependent LORs? Do all have to be in my field of study?

You can keep a 50/50 balance between independent and dependent LoRs. Although we
prefer having more independent LoRs. And yes, all of them must be from your
field of study/ work. These recommendations can come from high-level
executives or academic individuals like researchers and faculties.

11. Will it be a good idea if I start finding the recommender and then come back
to you?

We highly suggest seeking out your recommenders early in the NIW process.

12. Who will write the Recommendation Letters?

Our in-house LoR writers will draft the LoRs for you based on the filled-in
template you provide. Note that you must provide adequate information and manage
the signatures from the recommenders yourself.

13. Do I have to pay any extra fee for the recommendation letter?

No, there are no extra fees for recommendation letters if the drafting service
is included with your package.

14. Will you provide me with some samples to work on LOR, summary, and future
endeavors?

Yes, we will share the sample documents with you.

15. I am not a researcher. Who can write my recommendation letters for me?

Your supervisor, top executives, leaders of the field, and distinguished
professionals in top management positions with or under whom you have or have
not worked with in your field can make recommendations.

16. For the independent recommendation letters, do the recommenders need to be
U.S. citizens/ working at a U.S. university/ company? More specifically, can
someone working in a renowned university/ company outside the U.S. write a
recommendation letter for me?

Distinguished professors/ professionals of any reputable university/ company
from any part of the world can make recommendations. They do not need to be U.S.
citizens.

17. I have very few citations, so how should I manage Independent Recommendation
letters?

You can ask your friends; they can convince their professors to write
Recommendation letters for you. Also, there are many Bangladeshi professors in
U.S. universities; you can contact them as they usually help. You can also write
to different prospective recommenders highlighting your common areas and the
significance of your work.

18. Do I need to send the hard copy of the LoR?

No, the scanned copy or the signed soft copy of the LoR will be sufficient.

19. Does my LoR need to be on a letterhead? My recommender is reluctant to use
his institutional letterhead and has agreed to signed on a blank paper.

The best form of evidence is to have a letter on the recommender’s instutional
letterheard. If the recommender has retired, he/she may create their own
letterhead and provide that.

20. My recommender does not have an updated CV? Will LinkedIn profile work?

We aim to submit the formal updated CV of the recommenders. In case it is
ablsolutely unavailable, we can use their institutional profile or LinkedIn.

21. Do I need physical signature on the LoR or will a digital signature be
sufficient?

We prefer physical signature. However in exceptional situations you can input
digital signature also.

1. I became a member of a TRB committee because of my current research work, and
2 publications have been accepted recently to that specific committee. Will this
help?

That is great! It will increase your chance of approval.
TRB is one of seven program units of the National Academies of Sciences,
Engineering, and Medicine, which provides independent, objective analysis and
advice to the nation and conducts other activities to solve complex problems and
inform public policy decisions.

2. Raju Mahajan suggested I obtain at least one citation and then apply. I am
expecting at least 3 self-citations by September. Also, the outcome of one of my
completed projects with Michigan Department of Transpiration (MDOT) is going for
field application by MDOT. Will that help besides waiting for the citation?

Yes, “field application” will be better than self-citation; however, we need
proof of that (letter, email, or any proof from MDOT).

3. I have helped write grants for my professors relating to Covid and HIV. One
is pending and another was not accepted. Does this writing experience help?

Yes, this will have a positive impact on your profile.

4. Is it of any value if I get the citations during the process? I mean, after
my application submission, but before the decision?

If the number of citations to your work increases after you submit your NIW
petition, it can be a positive factor in the decision-making process. This is
because an increase in citations can indicate that your work is gaining more
recognition and having a greater impact in your field, which can support your
claim that your work is in the national interest.

However, it's important to note that USCIS officers are instructed to make
decisions based on the evidence presented at the time of the petition filing. If
you are submitting additional evidence after your initial filing, it may not be
considered by the USCIS officer reviewing your case, and your case may be
decided based on the evidence that was submitted with the original petition.

5. I also have one journal paper submitted and under review, which will be
published before the petition submission. Will that also have any effects on my
application?

If your paper gets published while preparing the application, we will mention it
in the petition, and it will have a positive impact on your case.

6. I have 6 citations for a conference paper and hope I will publish some
research papers during my master’s or Ph.D. Is there any minimum number of
citations required for NIW?

No minimum number of citations is required to apply for NIW, but the higher, the
better.

7. Do I need to provide 4 work summaries?

You need to provide summaries of your work (following our template) of the top
projects or research you did which aligns with your future proposed endeavor. If
only 3 supports your future endeavor, provide only 3.

Tip: Please spend a substantial amount of time to prepare a strong proposed
endeavor.

1. Once the petition is approved, what are the next steps? And do you assist in
that process as I am not in U.S. at the moment?

DS-260 is the next step after the NIW approval as you are outside of the USA. We
provide this service for $1200 for principal applicant and $700 for the
dependent applicant (if any).

2. I have EB2-140 approved with Nov 2013 as the priority date. Can we port the
Priority date for this EB2-NIW?

Yes, we can port the priority date for this EB2- NIW.

3. May I know your success rate on NIW?

It is a 99%

4. What is the average response time from the attorney side?

We reply as promptly as possible. At most, it will be under 48 hours (excluding
weekends).

5. Does only one attorney or a team review the case details after the petition
is finally prepared?

We have several law clerks and a managing attorney, all of whom will be involved
at some point in the process. Additionally, we have a dedicated team for NIW
petitions. Initially, you will work with them.

6. Would you please further enlighten me about the client's responsibility?

Your responsibility will be to send us the required documents and information
when we need them and make the payment of the $500 monthly installment at your
convenience. And after the forms are done, you will sign them and mail us. Then
we will submit them to USCIS.

7. What would be the best time to apply for NIW? (At the end of my Ph.D. or in
the middle)

It depends on your portfolio. You may proceed now if you have a good number of
citations and publications.

8. Does it matter if I file my petition, leave the U.S., and return after
approval? Or if I apply from Bangladesh?

There is no problem if you do it from Bangladesh or leave the U.S. after
submitting the petition.

9. What kind of documents/credentials/certificates are needed to be submitted
along with the I-140 petition application. I just want to know what documents I
need to acquire before the start of the petition process.

It varies most of the time. In general, the copies and documents related to
professional membership, license, and professional certificates are submitted
along with the basic documents.

10. Do I have to live in the U.S. to apply?

You are not required to be residing in the United States to apply. For example,
an award-winning researcher in Russia who won acclaim and recognition for their
impact could be considered sufficient evidence for an NIW.

1. I would like to inform you that I received an offer for a summer internship
from LAM Research in California. I will work on R.F./Antenna that is entirely
related to my ongoing Ph.D. program. I would like to know if this internship
program will add a positive impact on my application or not?

Yes, it will have a great positive impact on your case.

2. What does “progressive” work experience mean?

Progressive work experience means having at least 5 years of work experience
demonstrating growth and advancement in the relevant field.

3. I have a number of media coverages and fellowship awards. Will they have an
impact on the petition and increase my chance of approval?

It may have an impact on the petition and increase your chance of approval.

4. Does job experience contribute to strengthening the profile?

Yes, having job experience of five years and more will strengthen your petition.
But it’s not absolutely necessary in this case.

5. I do not have a master’s degree but I have more than 10 years of
post-graduate job experience which means a Bachelor’s degree plus 10 years of
job experience. Please let me know if it is applicable for eligibility?

If a person has at least five years of progressive work experience following
completion of a bachelor’s degree, he is technically eligible to apply for NIW.
If your experience is not coming from a US-based industry and you do not possess
a foreign or Master’s degree, your chances are very slim.

6. I am a remote worker with 2 years of job experience. Will it be good for the
NIW application?

NIW application requires mainstream or industry job experience. Remote work
experience will not be applicable.

7. Does TA/RA count as work experience?

TA/RA counts as academic or research experience and definitely not an industry
job experience.

8. Do I have to stay in the same industry as my NIW case after it’s approved?

Yes, you are required to work in the same field that benefits the country's
national interest. If you change areas, you risk having your I-485 denied if
it’s still under process.

1. I heard that USCIS is expanding premium processing eligibility to several
different categories, one of which is the EB-2 National Interest Waiver. Do you
think I can be eligible for the premium processing?

Premium Processing is available for the EB-2 NIW category.

2. What is the current situation with the NIW petition process with USCIS
(success rate, time to get a decision on I-140)?

Currently, the approval rate has increased more than before. We have experienced
the shortest time of 7 months to get a decision.

3. Assuming my on-time responses, what would be the expected time to file the
petition?

If you can deliver all the documents correctly, we expect the time to be 55-60
working days to file the petition.

4. If I would like to go for premium processing, can I do so? If I go for
premium processing, will I be paying the USCIS’s premium processing fee instead
of the regular USCIS fee of $ 715?

Certainly, Premium Processing is available, and we provide this service to many
of our retained clients. It is necessary for anyone who wishes to do Premium
Processing to pay $2,805 to the USCIS for its premium processing fee. As part of
the application process, the applicant must pay a $715 filing fee to the USCIS
and Asylum Program Fee of $300, which is mandatory. We provide this service to
our NIW clients without charging any attorney fees, except for the $30 fee for
the Money Order Purchase Service. Consequently, an applicant must pay USCIS a
total of $3,820 for premium processing of their I-140.

5. What is the NIW Processing Time?

Processing time for NIW applications typically runs between 3 to 9 months,
although this time depends on the assigned USCIS Service Center and the
adjudicating officer. In addition, processing times vary as USCIS evaluates each
application and supporting evidence on a case-by-case basis.

1. I will Graduate in December 2022 with a Masters’s degree. Should I target
December 2022 for my Petition submission?

Yes. After graduation, your chance rate will increase, and it will make the
petition stronger.

2. I have a master’s degree from the U.K. in Finance but my PhD and research
that is ongoing is in Computer Science. Will that be a problem if I want to
apply on the basis of my research that is in the U.S. but my completed advanced
degree is in Finance.

No, you can apply with the ongoing research experience.

3. Can I use Canadian, U.K., or other foreign evaluations to show my degree
equivalency for the U.S.?

No, we need the evaluation from USCIS-approved equivalency evaluation bodies.
Eg. WES

4. I would like to know if I can obtain a non-thesis masters, will I be able to
start the NIW process as soon as possible?

Yes, you will be able to start the NIW application process.

5. I am planning to publish my thesis shortly. So please suggest me what I need
to do more to strengthen my case. I will take your service once I am done with
all the lacking requirements.

Kindly publish your thesis paper. The more citations your paper receives, the
better your chances will be. Also, if you have U.S. work experience or can get
started with work related to your proposed endeavor, that would be greatly
beneficial.

6. Do I need a USA degree to apply for NIW?

There is no requirement for a U.S. degree in order to apply for NIW; however, a
min. Master’s degree is necessary.

7. With regards to certifications/ licenses, are you referring to required
licenses or certifications that my field requires to practice my profession, or
are you referring to any certification programs I have done to advance my
career?

Required certifications/ licenses that your field requires to practice your
profession.

8. I have a Data Scientist toolkit certificate from Coursera, an SQL certificate
from Udemy and Tableau Certificate also from Udemy. Are these certifications
applicable?

These can be added to your CV, but for NIW requirements, only professional
certificates are acceptable.

9. Can I qualify for an NIW if I do not have any awards in my field?

Due to the flexible characteristics of the NIW, you may be able to qualify
without having received awards in your field. Proof of outstanding achievements
strengthens your case and may be the difference between approval and denial; it
is not grounds for denial alone.

10. If I was denied a labor certification, can I apply for an NIW?

Your previous denial should not have an impact on the outcome, assuming you meet
the other qualifications for a National Interest Waiver. This is because the
requirements for a PERM application have little bearing on the requirements for
an EB-2 NIW.

11. What is an advanced degree for the purpose of the EB2 NIW visa?

An advanced degree for the EB2 NIW visa is U.S. advanced degree (degree above
bachelor’s) or equivalent foreign degree.

1. As far I understand, there is only an attorney fee for me as the principal
I-140 applicant, and if approved, there is no additional attorney’s fee for each
derivative, right?

Green Card application under EB2 NIW or EB1A has two steps. The first step is
called I-140 and the second step is called I-485. The first step is only for the
principal applicants , and our fee is $5,000.

There is no application for derivative in this step; therefore no attorney fee.

However, once the first step gets approved , we move to the second step. For the
second step Adjustment of Status(I-485), our fee is $1,200 for the principal
applicant (You) and $700 for each derivative if you have a spouse and children.

2. Is the USCIS filing fee expense excluded from the attorney fee?

Our total service charge for NIW is $5,000. In addition, you will be required to
pay a USCIS fee of $715, Asylum Program Fee of $300, and mailing fees of
approximately $50.

3. Are you able to take on an EB2 NIW if it has already been filed and a RFE
letter has been issued?

Yes, we are able to assist you with your RFE in this situation. We will charge
you $2,000 only for the processing of the RFE response. In the event that you
choose to retain our NIW services, a fee of $5,000 will be charged.

4. What is your mailing fee?

Around $50 for the regular shipping process. It might cost $100 or more if you
need overnight shipping.

5. What will be the process of refunding of Attorney fee if the application is
declined, unfortunately?

A refund will be issued within 30 days if your case is denied. In that case, the
refund policy depends on the money-back guarantee which we offer to the clients
according to their credibility.

6. If I get a rejection and want to reapply, do I need to pay USCIS fees ($715)
and the mailing fee?

Yes

7. Do you offer monthly installments?

Yes, it is $500 per month.

1. If I file the petition during my first year of OPT and don’t get any decision
by the end of the period, can I start the STEM OPT?

Yes, you can start the STEM OPT. The NIW petition (I-140) has no impact on your
immigration status.

2. While I-140 is in process, Can I apply for OPT extension (I am eligible for
STEM OPT extension).

Yes, it is possible to apply for an OPT extension while your I-140 is being
processed.

3. My employer applied for my Green card as well. It is under the PERM process
now. They will also apply for I-140 when L.C. is approved. My question is, if my
I-140 for NIW is denied for any reason, will that affect I-140 application that
will be submitted by my employer?

No, your NIW denial will have no effect on your normal I-140 application.

4. I have a job offer from an industry (a contract research organization). Can
the organization apply for H-1B while my I-140 is in process?

Yes, the organization can apply for your H-1B while your I-140 is being
processed.

5. Is there any problem if my visa date expires but I-20 is valid during the
process of I-140 and I-485? Do you recommend submitting I-485 while I-140 is
still pending?

Submission of I-485 application depends on your current status. If you need a
work permit in the next 4/5 months, apply for I-485. But if you do not need any
work permit in the next 4/5 months, I would suggest not submitting I-485 and
waiting until your I-140 gets approved.

6. Can I travel to my own country during/after the process/submission of I-140?

Yes, you can. Your I-140 petition has no effect on traveling outside.

7. I am now unmarried. I plan to get married this year. If my wife applies for
F-2 visa and at the same time my I-140 is pending for decision/ get approved, is
there any impact on F2 visa rejection because of the status of my I-140?

No, your I-140 will have no effect on the F2 Visa. In both cases, your I-140
will have no effect as they are not co-related

8. Can I withdraw the application once I file it?

Yes, you can. A letter must be sent to the USCIS stating that you want to
withdraw the petition.

9. I am currently changing my employer, and a H1-B transfer petition will be
filed on my behalf in the following weeks. Can we prepare the EB-2 NIW
application in the meantime?

There is no impact of the H1B transfer petition on the EB2- NIW application. So,
we can proceed with the EB2- NIW application.

10. I have filed for asylum application a few months back. Will my asylum case
impact this petition in any way?

NO. It will have no impact on the NIW application process.

11. If I file NIW petition, will I be able to file for adjustment of status from
my H-1B?

Yes

12. My current F1 visa will expire on 29 July 2022 and my I20 is valid till 27
August 2023. I had plans to visit my home country in December 2022 to renew my
visa. If I apply for the NIW, would it complicate the visa renewal process?

If you applied only for the NIW (I-140), your travel would not be affected.
However, if you have also submitted an application for I-485 with it, this will
affect your travel if that process is ongoing.

13. If I file NIW petition, will I be filing for adjustment of status from my
H-1B?

Yes.

14. I am on F1 visa. If my I-140 is rejected by USCIS, then it will have any bad
impact on my future non-immigrant visa application (given that I am applying
only for I-140 only and I-485 is not included)?

No, it won’t affect your case.

15. I am currently on an F-1 student visa. Unfortunately, from Fall 2022 I have
to switch to a J-1 student visa due to my R.A. funding. I am going to work on a
USAID-funded project that requires a J-1 visa. From my understanding, a J-1 visa
requires me to travel back to my home country for at least two years after
graduation. Will it affect my EB2 application if I do it now (in the summer)?
Can I still apply, given that I am switching to a J-1 visa?

Not all J1 visas come with a Two-Year Home requirement. If your J1 visa comes
with such a requirement, you must get a waiver before submitting your
I-485.However, for I-140 there is no difference between an F1 visa and a J1
visa.

16. From which authority do I have to take the waiver? Bangladesh or U.S.?

Both. You can find more details by searching for the J1 Waiver application on
Google. You will find all the necessary information there.

17. Currently, I am holding an F1 visa, and my wife is living in Bangladesh and
going to apply for an F2 visa by the end of this year. If I apply to NIW EB2
right now, will it impact getting her F2 visa? Or should I wait until she gets
her F2 visa approved?

It should not pose a problem since both of them are different.

18. I have my spouse as a dependent; how will he be included in the process?

NIW has two steps. The first step is I-140, which is only for you. After your
I-140 is approved, the next step is I-485(Green card, EAD, Advance Parole).
Here, your spouse will be added as your derivative.

19. I am living in the U.S. with a non-immigrant visa at present. After I apply
for the NIW, will I be required to remain in the U.S.?

It depends on your VISA status on which you are currently residing in the United
States. It has no connection with the I-140 application.

20. Currently, I am at the finalizing stage of completing Ph.D. I am planning to
submit my petition after I start STEM OPT. If I file the petition during my
first year of OPT and don’t get any decision by the end of the period, can I
start the STEM OPT?

Yes, the NIW petition (I-140) has no impact on your immigration status.

However, if you file I-485, you cannot apply for OPT or an extension of OPT
until the I-485 application is decided.

21. If I apply for the NIW green card process and go back to India, can I work
as an independent contractor for my current American company and come back once
my current date?

Yes

22. What was the processing time for the EB-1c Green card process?

It usually takes 6 months to proceed.

23. Can you kindly give me an approximate idea of how long the I-140 might take
to get approved? Also, do you suggest I apply for I-485 along with I-140 or wait
my I-140 to be approved?

Usually, it takes 7 months. But depending on the service center, it often takes
more than a year. You can certainly concurrently file I-485. The benefit is that
you will receive EAD and advance parole under which you can work and travel.
However, there are some risks involved. Since I-485 is an immigrant application,
your F1 status will be abandoned. You will not be able to apply for any
non-immigrant status (e.g. OPT) while your I-485 is pending. In case your I-140
is denied, you will be out of status. Filing only I-140 will not affect your
non-immigrant status. We recommend concurrent filing for those who are nearing
the end of their non-immigrant status.

24. My husband is in H1B and his company is going to apply for a perm green card
application process. Does it have any association with my NIW filing? Provided
that I want to apply for him as a spouse in my NIW application.

NO. It will have no impact on your spouse’s application process.

1. If my case receives any NOID or RFE, is it included in the value?

Yes, it is included in the value. We do not charge separately for our retained
clients.

2. What will happen if the application gets rejected/denied?

The answer is you can appeal for the application to get approved.

3. Can you give me a list of approximate costs in detail (lawyer fees +
application fees etc.)?

Attorney fee is $5,000, USCIS filing fee is $715, Asylum Program Fee of $300,
and shipping fee is around $50.

4. If I choose to obtain an appeal instead of a refund, would you cover the
USCIS filing fee for that?

No, we will not cover the USCIS fees in that case. We will cover the attorney
fee only.

1. What is EB3 Visa?

EB3 is the third category of employment based immigration visa that allows a
foreign applicant and his/her family (spouse and children) to permanently come
to/reside in the USA and work by obtaining a green card.

2. Does an EB3 visa require any educational qualification?

EB3 visa has different categories, which may or may not require any previous
educational qualification depending upon the individual category. The highest
educational qualification for the EB3 category is a bachelor's degree.

3. Does an EB3 visa require any professional experience?

EB3 visas have different categories, which may or may not require any previous
professional experience depending upon the individual category.

4. How much does the entire process of the EB3 visa cost?
Currently, our attorney fee for the total process is $7,700 (PERM: $5,000,
I-140: $1,500, I-485/IVP: $1,200). In addition, the client will need to pay for
job advertising fees, USCIS fees, and document shipping costs. The PERM process
doesn’t require any USCIS fee, but an advertisement fee of $500-$5,000 must be
paid, depending on the job location. The USCIS fee for Form I-140 is currently
$715, with an additional $2,805 for optional premium processing. A $600/$300/$0
fee must be paid along with Form I-140 as an Asylum Program fee, depending on
the size and nature of the entity. For Form I-485, the current USCIS fee is
$1,440 for each adult and $325 for IVP for each applicant. Please note that some
additional fees might be required. Check our Legal Fee section for more detailed
information.

5. Do I have to pay fees for my family members?

Yes. $700 for each additional family member when the final stage of the Green
Card application is being processed.

6. If I have a wife and two children, what is the total cost of the process for
my family?
If you are the principal applicant, the total cost for your wife and two
children during the I-485 or IVP (consular processing) will vary. For the I-485
application, the attorney fee is $700 for each dependent, totaling $2,100 for
three people. The USCIS fee is $1,440 for each adult and $950 for each child
under 14, resulting in a total range of $3,340 to $4,320. There is an additional
optional fee of $260 for each I-765 and $630 for each I-131 application. For the
IVP (Consular Processing), the attorney fee is $700 for each dependent, totaling
$2,100 for three people, and the IVP fee is $325 for each applicant, totaling
$975. The combined total for attorney fees and IVP fees would be $3,075. Visit
Legal Fees page

7. Can my spouse apply for EB3 with her employer while I apply for EB3 with my
employer? Will these two separate application processes create any
contradiction?

Yes, both can apply for their respective position, and it will not create any
contradiction.

8. Do you provide or help in finding an employer for EB3?

As a law firm, we don’t provide an employer for EB3. However, we have a sister
concern company (Great American Recruiter) that finds employers for interested
clients and carries out the full process of EB3. You can reach out to them
at info@greatamericanrecruiter.com. Please note that the Great American
Recruiter has a different pricing structure.

9. Am I eligible for an EB3 immigration visa if I am traveling to the USA with
B1/B2 visa?

Yes, you can be eligible for an EB-3 visa if you are in the U.S. on a B1/B2
visa, but it involves several steps. First, you need to obtain a full-time job
offer from a U.S. employer and have them secure a labor certification from the
Department of Labor (DOL). Your employer must then file Form I-140 (Immigrant
Petition for Alien Worker) with the U.S. Citizenship and Immigration Services
(USCIS). It is essential to maintain legal status while in the U.S. If you are
already in the U.S., you can apply for an adjustment of status (Form I-485).
Alternatively, if you are outside the U.S., you can undergo consular processing
at a U.S. embassy or consulate to obtain your EB-3 visa. Please note that the
Priority date must be “current” before processing I-485 or DS-260.

10. Am I eligible for an EB3 immigration visa if I am on F1/F2 visa?

Yes, you can be eligible for an EB-3 visa if you are on an F1 (student) or F2
(dependent) visa. The process involves several key steps. First, you need to
obtain a full-time job offer from a U.S. employer who must then secure a labor
certification from the Department of Labor (DOL). Next, your employer must file
Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and
Immigration Services (USCIS). It is crucial to maintain your legal status while
in the U.S. If you are in the U.S., you can file for adjustment of status (Form
I-485) when an EB-3 visa becomes available. If you are outside the U.S., you
will go through consular processing at a U.S. embassy or consulate.

11. Can I apply for EB3 while also applying for an H4 visa?

If you are staying in the USA, you can apply for both. However, since an EB3
immigration visa takes more than a year due to prevailing wage determination and
PERM processing, we advise you to first apply for an H4 application and then
file an EB3 application.

12. Can I apply for an EB3 immigration visa if I am an asylee or if my asylum
status is pending in the USA?

Yes, you can apply for an EB-3 immigration visa if you are an asylee or if your
asylum status is pending in the USA, but there are specific considerations to
keep in mind. First, you need a full-time job offer from a U.S. employer who
will secure a labor certification from the Department of Labor (DOL). Your
employer must then file Form I-140 (Immigrant Petition for Alien Worker) with
U.S. Citizenship and Immigration Services (USCIS). If you have been granted
asylum, you can apply for adjustment of status to permanent resident (Form
I-485) once an EB-3 visa becomes available. If your asylum application is still
pending, you can apply for adjustment of status if an EB-3 visa becomes
available and your Form I-140 is approved. However, maintaining lawful status is
crucial during this period. It is important to maintain your current status
while your EB-3 application is being processed. The complexity of applying for
an EB-3 visa while having an asylum application or status requires careful
navigation.

13. Can I sponsor myself from my own business for EB3?

Self-sponsoring may result in a complicated case adjudication by the USCIS and
bears the risk of denial.

14. Can my immediate relatives (parents/siblings/in-laws) sponsor me?

While they can legally sponsor you, being sponsored by immediate relatives or
family members bears the risk of a complicated case adjudication by the USCIS
and can result in a denial.

15. Can I change my job during the PERM application or after PERM approval?

You may always have the option to change your job irrespective of the PERM
procedure stage. However, in most cases, changing the job during the PERM
process or after PERM approval means you may have to go through the PERM process
all over again. PERM certification is not related to a specific employee, and it
is tied to a specific job. That is why a new job will almost always require new
PERM certification. Having your employer file the I-140 immigration petition is
the second stage in the process and happens once PERM labor certification has
been approved. Changing jobs at this stage in the process will almost always
require your new employer to file a new PERM and then a new I-140 petition.

One of the big exceptions to this is if the new employer company is a successor
in interest to the original employer company. This involves an understanding and
analysis of mergers and acquisitions laws. Another exception involves the
American Competitiveness in the Twenty First Century Act (AC-21). If the foreign
worker fulfills the mobility requirements under Section 106 of the American
Competitiveness in the Twenty First Century Act (AC-21), then the new employer
will not need to file a new I-140 petition. Rather, they can move to a new place
of employment upon the passing of 180 days after the filing of the adjustment of
status (I-485) application.

16. Can I change my address during the EB3 process?

Yes, you can change your address at any time during the process. However, please
note that you will have to file AR-11 and inform USCIS about the change of
address within 10 days of moving.

17. Do you provide 100% assurance of approval in EB3 PERM?

It is realistically impossible to assure 100% approval since the final
adjudication comes from the USCIS. However, we can predict the outcome with more
than 90% assurance.

18. Is there any interview for EB3?

If you adjust your visa in the USA, you may or may not have to attend an
interview. However, if you are applying from outside the USA, you will have to
attend an interview at the US embassy or consulate.

19. Can I travel outside of the USA during the EB3 adjustment of status?

Yes, you can travel unless you file form I-485. However, please note that if you
travel outside the USA before filing Form I-485, you will have to wait for at
least 90 days to file Form I-485 after your return to the USA. Once you file
form I-485, you cannot travel outside the USA until you receive the advance
parole (approval of I-131). Please note that traveling outside the USA without
prior approval and proper return documentation may jeopardize your green card
application.

20. How long does it take to complete the EB3 process?

The timeline varies based on the individual case. But typically, it takes
approximately 3 years to complete the entire process. Please see the timeline
flowchart below to get an idea about the timeline of EB3.

21. Can I expedite the EB3 process with premium processing?

You can only expedite the I-140 adjudication with premium processing by paying a
$2,805 USCIS fee and filling the form I-907. However, there is no premium
processing for the prevailing wage determination, PERM, or I-485. Nonetheless,
you can make an expedition request if your I-485/I-765 adjudication decision
exceeds the average processing time at the designated service center.

22. What if my adjustment of status to EB3 or application for an EB3 visa is
denied?

While denial of an adjustment of status application generally leads to immediate
deportation from the USA, the ultimate course of action varies based on the
individual case. Please contact us immediately if your EB3 application is
denied.

23. Can I appeal if my adjustment of status to EB3 is denied?

Yes, you can appeal to reconsider your case by filing form I-290B and paying the
USCIS fee. Please note that you will have to appeal within 30 days of the
notification of the decision or 33 days if you received the notification by
mail.

* Employment-Based Green Card (I-485)
* Family-Based Green Card (I-130+I-485)
* I-765
* I-131
* Public Charge Ground of Inadmissibility
* Other Questions
* Birth Affidavit Related Questions

1. If I have already filed my I-140 petition, can I now file my I-485
application before the I-140 is approved?

Whether you can file an I-485 application at any given time or not, depends on
your priority date being current. The Department of State updates the visa
bulletin every month to include the updated dates for filing for visa
categories. If the priority date is earlier than the listed date of filing, the
priority date is then considered current. If your priority date is current, then
after you have received a "Receipt Notice" for your I-140 petition, you may file
your I-485 green card application.

2. What is the Priority Date and where can I find it? How can I check if it is
current or not?

Generally, the priority date is the date on which a prospective immigrant's
petition is filed (sometimes it differs with the filing date) with the U.S.
Citizenship and Immigration Services (USCIS) or with the Department of Labor for
certain employment-based visas. The priority date is crucial because it
establishes an individual's place in line for visa processing, especially in
cases where the number of visa applications exceeds the available visa quotas.
You can find the priority date in your I-140 Receipt notice or in the approval
notice.

3. Can I apply for I-140 and i-485 together?

Filing the I-140 and the I-485 applications at the same time is called
concurrent filing. Concurrent filing is only possible in 2 specific scenarios:

* If the date listed in the visa bulletin for your particular category is
listed as “C” or your Priority Date is current at the time of filing the
I-140 and I-485 applications together.
* If you have an older I-140 petition with a current priority date, and you are
now filing a new I-140 petition and are planning to port the priority date of
the newer petition to the older, current priority date.

Except for these 2 scenarios, it is not possible to file the I-140 and I-485 at
the same time. You will have to file the I-140 petition first, and then file the
I-485 application once you receive the receipt notice of the I-140 petition.

4. What is the usual timeline for I-485 approval?

The I-485 processing times vary between cases. Mostly it depends on the USCIS
field office dealing with the particular case. Depending on the caseload at the
field office, it can take anywhere from 8 to 14 months or more for an I-485
application to be approved. The processing times also depend on the basis of the
I-485 application, i.e., whether it is family based, employment based or asylum
based.

5. Do I have to state any parking/speeding violations in my I-485 form?

You only need to state your prior traffic violations in your I-485 application
in 3 specific scenarios:

* If you have any traffic/parking/speeding tickets with a fine of $500 or more
* If you were called to court regarding your traffic violation,
* If your citations include any Alcohol or substance abuse concerns.

If your citation does not fall under one or more of the above categories, you do
not need to state it in your I-485.

6. What happens after I receive my I-485 approval notice?

Upon receiving I-485 approval, the applicant is mailed a Permanent Resident
Card. The date the Form I-485 is approved becomes the date of adjustment, which
in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR)
may apply for U.S. citizenship.

7. What is the next step after filing I-485?

After your I-485 is filed, you will receive a receipt notice from USCIS. After
that you will get another notice in the mail about your biometrics services
appointment, which will be held at a local Application Support Center (ASC). The
notice will tell you the date, time, and location of your appointment. And then
finally, you will receive another notice for either the approval or in some very
limited cases, an interview.

8. My I-485 Was Denied. What Are My Options/ What will I do now?

If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are
various options available to applicants (depending on the reason for denial),
including a motion to reconsider or reopen, appealing the decision, and
re-filing.

9. Do I have to attend any interview as part of my I-485 approval process?

Applicants have to attend an ASC appointment interview as part of their I-485
approval process. During this appointment, the applicants’ biometric information
is obtained by the USCIS. In some rare cases, the USCIS may also ask the
applicants to attend a green card interview before issuing the green cards. This
is usually done by USCIS to sort out inconsistencies in the information provided
by the applicants. When the interview of an applicant might occur depends on the
field office that is dealing with that particular applicant’s case.

10. Can I take any steps if my I-485 application is pending for a very long
time?

All USCIS field offices and service centers have average case processing times
for each type of application. If you think your case is pending for a long time,
you should first check if the case has been pending for longer than the average
case processing time for that particular service center or field office. If it
is, in that case, you may file an e-request to USCIS to expedite the application
process. You may also file a writ of mandamus petition to expedite the case
process if the case has been pending for more than 1-2 years.

11. Can I stay in the US while my I-485 is being processed?

Yes, you can stay in the US in “pending I-485” status while your I-485
application is being processed by the USCIS. As a matter of fact, you can not
leave the US with a pending I-485 application without the advance parole.

12. Will it be possible for me to apply for OPT/STEM OPT after I file the I-485
application?

As OPT and STEM OPT are nonimmigrant benefits and the I-485 application is the
application for an immigrant benefit (your green card), generally the better
option is to apply for OPT/STEM OPT first, and file the I-485 application after
receiving the OPT/STEM OPT approval. However, you may also file the I-485
application first and then apply for the OPT and/or STEM OPT. However, the
applicant has to keep in mind that there is a chance that your OPT/STEM OPT
application will be denied if filed after the submission of the I-485.

13. Is it mandatory to submit a Tax Return file for the Employment Based I-485
application?

Tax Return Files are not mandatory or required for the Employment Based I-485
Application. However, if your spouse is a beneficiary of your application and
you have a joint Tax Return File or your spouse’s name is mentioned in your Tax
Return File then you should submit it as evidence of shared life.

14. How do I find my A-Number?

An A-Number (Alien Registration Number) is a seven- to nine-digit number that
can be found on a variety of documents from U.S. Citizenship and Immigration
Services (USCIS) or the former INS. USCIS uses the Alien Registration Number to
track the immigration files for immigrants (and some nonimmigrants). You can
find your A number on the EAD card, I-140 Approval Notice, Green Card,
naturalization certificate etc.

15. Do I need to bring a valid passport to my I-485 ASC appointment?

A valid passport is not necessary at any point during the I-485 application
process. You just need to bring your most recent passport, which will be
considered by the ASC officers as a photo identification.

16. Can I file an I-485 application from the US if I stated in my I-140 form
that I will apply for a visa abroad in the U.S. Embassy or U.S. Consulate?

Yes, you can, you only need to submit a short explanation to the NVC through the
public inquiry form that you wish to file an I-485 application with the USCIS
instead of going through the IV Processing.

17. May I travel to the United States for the purpose of adjusting my status
(I-485)?

As a rule, you may only use a nonimmigrant visa to travel to the US for the
purposes stated in the visa. For example, B-1/B-2 visitors may only travel to
the US for temporary visits related to pleasure or business. They must return
home after the purpose of the visit is concluded and/or the authorized stay
expires. To prove to the immigration authorities that you did not travel to the
US specifically to adjust your status, you shouldn’t adjust your status within
the first 90 days of your stay in the US. However, there are exceptions for
certain visas.

18. What is the 90-day rule?

If the immigration authorities believe that a non-immigrant visa holder (F-1,
B1/B2, J-1) engaged in activities inconsistent with their visa status within the
first 90 days of their entry into the US, it can lead to the presumption that
the individual willfully misrepresented their intent at the time of entry. This
rule is called the 90-day rule.

19. What will happen if I break the 90 Day Rule?

This rule applies to nonimmigrants (for example- F1, B1/B2, J1, etc.) who are in
the United States on a temporary visa. If found to have violated the rule, their
application for permanent resident status (I-485) may be declined, and their
visa revoked.

20. How to Count 90 Days?

When you’re counting 90 days, it’s crucial to count it the correct way (and most
importantly, the way the USCIS does). The best way is to take your most recent
I-94 travel record and add at least 90 days to the most recent entry date to the
US. To be on the safe side, you can add 100. Both working days and holidays are
counted in the 90-day rule.

21. Do I need to provide any documentation from my employer for my I-485
application?

For the employment based I-485 application, you will need the following
documents from your employer:

* For EB3 PERM applications, you need a job offer letter, an employment
verification letter, an approved PERM labor certification and a signed I-485J
form, all signed by your employer.
* For EB2 applications without NIW, you need a job offer letter, an employment
verification letter and a signed I-485J form, all signed by your employer.
* For EB2 NIW applications, you need a job offer letter and an employment
verification letter, all signed by your employer.
* For EB1 applications, you do not need any documentation from your employer.

22. In my occupational field confirmation letter, what should I say if I am not
involved in any industry?

If you are currently a PhD or graduate student and are contributing as a
research assistant or teaching assistant, you can state that as your current
occupation. Please make sure the field where you are working currently - remains
the same as the I-140.

23. Is it possible for elder siblings to provide affidavits of birth?

Any relative who was 18 years or older at the time of the applicant’s birth can
provide the affidavit of birth.

24. Is it necessary to include a picture of the person providing the affidavit
in the Birth Affidavit?

Pictures on the affidavit of the birth letter are not mandatory. But the letter
must have the affiant’s signature.

I-130
1. How many times can I submit I-130?

There is no limit on the number of petitions a petitioner can file. A
petitioner, as a US citizen or Lawful Permanent Resident, can file an I-130
petition for each qualifying relative.

2. Can I apply for my relatives without their passport?

Yes, you can file an I-130 petition without a valid passport for the
beneficiary. But we suggest either applying with a passport or getting the
passport before submitting the application.

Moreover, you cannot apply for I-485 without a passport.

3. In my passport, my parents’ names are misspelled, or different than that of
in my birth certificate or in my NID. Would this create any issue in the I-130
petition I am submitting for my relative?

No, it will not.
Your parents just have to sign an affidavit regarding the name discrepancy.
Moreover, in the family-based US immigration, your NID doesn’t hold any value to
the USCIS.

4. What happens if my I-130 gets denied?

If you believe your I-130 was unfairly denied, you may be able to appeal to a
separate body, the Administrative Appeals Office (AAO), within 30 days from when
the notice was sent or you can file a motion to reopen the application.

5. Is premium processing service available for I-130 or Family based I-485?

Unfortunately I-130 petitions do not have premium processing service. Premium
processing is not available for I-485 either.

6. Can I expedite the processing time for Form I-130?

You can submit a special request to the USCIS to expedite your application
process under special circumstances. USCIS usually only considers expediting on
the ground of financial hardship, USCIS errors, urgent humanitarian or U.S.
government interests.

7. Do I have to let USCIS know about my naturalization if I have petitioned for
my spouse while I was an LPR?

Yes, you should let them know about your naturalization. The petitions of
citizens are processed comparatively faster than that of LPRs.

Green Card application for spouse
1. If I and my spouse were not physically present at the time of our marriage,
can I file an I-130 petition for my spouse?

You cannot petition for your spouse unless the marriage has been consummated.

2. Does my spouse need to sign I-130 A form if she or he is not in the US?

If your spouse is overseas, Form I-130A must still be completed, but your spouse
does not have to sign Form I-130A.

3. We got married very recently. Can I apply for my spouse’s green card?

You can apply any time after your marriage provided you submit enough evidence
of bona-fide marriage and joint documents.

4. If I do not have any joint documents with my spouse, can I apply for his/her
green card?

You can still apply for your spouse’s green card without any joint documents if
you have other evidence such as a marriage certificate, marriage affidavits,
relationship photographs, and timeline of relationship.

5. I am in the USA and I am now out of status. Can I apply for a green card
under a family-based category?

Yes, you can, if you are an immediate relative of a US citizen and your unlawful
stay period is less than 180 days.

However, if your unlawful stay period is more than 180 days, then you have to
fill out I-601/I-601A first and then apply for the green card.

6. When do I need to file an I-130A along with the I-130?

If you are filing an I-130 application for your spouse, they must complete and
sign Form I-130A, Supplemental Information for Spouse Beneficiary. Note that
they don’t have to sign the I-130A if they are outside the USA.

7. My citizen spouse filed an I-130 petition for me and now he is dead. Is my
petition revoked?

Fortunately, for a citizen's spouse, the filed I-130 petition does not get
revoked after the death of the spouse petitioner, rather it gets converted into
an I-360 petition, Petition for Widow(er) of US Citizens.

8. What if some of the documents for my I-130 are missing?

If you lack one of the primary documents required, such as a Marriage
certificate, you must submit other secondary evidence, such as joint documents
or affidavits. And also a letter from the appropriate authorities confirming why
that document does not exist.

9. Can my spouse come to the U.S. to live while the I-130 petition is pending?

While you are waiting for the I-130 petition to be approved, your spouse may be
able to travel to the United States on a non-immigrant visa such as B1/B2 or F1.
However, it's important they make it clear to the immigration officers when they
enter that they will leave before this non-immigrant visa expires and about
their non-immigrant intent (that they will not apply for a green card after
entering on a non-immigrant visa).

10. Do I have to let USCIS know about my naturalization if I have petitioned for
my spouse while I was an LPR?

Yes you have to let them know about your naturalization. The petitions of
citizens are processed comparatively faster than that of LPRs.

11. Can I submit I-130 now and I-485 later?

You can submit I-130 and I-485 together, only if you are a citizen or if your
priority date is current.

You can also file the I-130 now and submit the I-485 later, either after the
approval of I-130 or while it is still pending, given that your priority date is
current.

For citizens, priority dates are always current for marriage based green card
applications.

Yes you have to let them know about your naturalization. The petitions of
citizens are processed comparatively faster than that of LPRs.

Green Card Application for Children
1. Can I submit an I-130 Petition for my married child?

If you are a citizen, you can petition for your married and/or over 21 (adult)
children.
However, if you are a Lawful Permanent Resident, you can only petition for your
unmarried (under or over 21) children, but not for the married children.

2. Do I need to file separate petitions for my spouse and children if I am a
Green Card holder?

No, you don’t have to. Your children can be included as derivatives on their
parent’s I-130 petition if your child is unmarried and under 21 years of age.

Note that, it won’t be the same if you are a citizen. You will have to file
separate petitions for your spouse and each child.

3. Can I file an I-130 petition for my step-child?

If your step child was under 18, at the time of your marriage to their natural
parent, you can petition for them.

4. What happens if my unmarried child gets married after I file an I-130
petition for him or her?

If you are a lawful permanent resident and you filed Form I-130 for your
unmarried son or daughter, but your son or daughter marries before getting a
green card, USCIS will deny or automatically revoke your petition. (Because LPRs
are not eligible to petition for their married children even if they are under
21.)

If you are a citizen, the petition will not be revoked automatically when the
child gets married. But the visa category changes from F1/ IR2 to F3 which means
it would take longer than before.

5. What happens if I naturalize while waiting for my child’s green card petition
to be approved?

If you filed for a Green Card for unmarried adult children when you were a
permanent resident but then naturalized and became a U.S. citizen, NVC (National
Visa Center) can convert the visa category from F2B to F1.
If your child was in F2A category (under 21, unmarried), then it will move to
Immediate Relative when you naturalize (if they don’t age out).
If they Age out (become >21), then it will move to the F1 category.

6. What happens if a derivative applicant becomes 21 or older while the Petition
is still in the process?

CSPA is counted. CSPA is a process of calculating the beneficiary’s age even
when they are aging out. It basically freezes the beneficiary’s age when the
priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration
petition is pending).

7. What if some of the documents for my I-130 are missing?

If you lack one of the primary documents required, such as a birth certificate,
you must submit other secondary evidence, such as school records, vaccination
records or affidavits. And also a letter from the appropriate authorities
confirming why that document does not exist.

8. Can my child come to the U.S. to live while the I-130 petition is pending?

While you are waiting for the I-130 petition to be approved, your child may be
able to travel to the United States on a non-immigrant visa such as B1/B2 or F1.
However, it's important they make it clear to immigration officers when they
enter that they will leave before this non-immigrant visa expires and about
their non-immigrant intent (that they will not apply for a green card after
entering on a non-immigrant visa).

9. Do I have to let USCIS know about my naturalization if I have petitioned for
my relatives while I was a LPR?

Yes, you should let them know about your naturalization. The petitions of
citizens are processed comparatively faster than that of LPRs.

Green Card Application for Parents
1. I am a Lawful Permanent Resident. Can I submit an I-130 petition for my
mother or my sister?

Unfortunately, only citizens can petition for parents and siblings.

2. Do I need to file separate petitions for my parents and my siblings?

Yes, you always need separate petitions for each of your siblings.
You also need separate petitions for your father and mother.

3. Can I file an I-130 petition for my step-parent?

If the marriage between your step-parent and natural parent that created the
relationship took place after you turned 18 years of age, then you cannot. But
if you were under 18 at that time, you can apply for your step-parent.

4. What if some of the documents for my I-130 are missing?

If you lack one of the primary documents required, such as a birth certificate,
you must submit other secondary evidence, such as school records, vaccination
records (where both of your parents’ names and your date of birth are mentioned)
and affidavits. And also a letter from the appropriate authorities confirming
why that document does not exist.

5. Can my mother come to the U.S. to live while the I-130 petition is pending?

While you are waiting for the I-130 petition to be approved, your mother may be
able to travel to the United States on a non-immigrant visa such as B1/B2.
However, it's important they make it clear to immigration officers when they
enter that they will leave before this non-immigrant visa expires and about
their non-immigrant intent (that they will not apply for a green card after
entering on a non-immigrant visa).

Green Card Application For siblings
1. Do I need to file separate petitions for my parents and my siblings?

Yes, you always need separate petitions for each of your siblings.
You also need separate petitions for your father and mother.
Parents are immediate relatives. And immediate relatives cannot have any
derivative applicants (such as spouse or children) in their petitions.

2. Do I need to file separate petitions for my sibling’s spouse?

No. The spouse and children of your sibling become the derivative applicants on
your siblings’ petition.

3. What happens if my sibling got married/had a child while his I-130 is
processing?

In case of Adjustment of Status, the spouse/child of the beneficiary can
directly apply as a derivative applicant. Nothing else needs to be done.
In case of IVP, you will need to add the derivatives in CEAC by submitting an
NVC public inquiry form or via the embassy.

4. What happens if a derivative applicant becomes 21 or older while the Petition
is still in the process?

5. Can I petition for my step-brother/sister?

Yes, you can. But the stepbrother has to be under 18 at the time of the step
parent’s marriage to their natural parent.
Note that this rule does not apply to the half-sibling relationships.

6. My uncle petitioned for my mother and I am the derivative applicant of the
petition. Now my mother (principal beneficiary) is dead, what would happen to
the petition?

Unfortunately, in case of principal beneficiary’s death, an I-130 petition for
alien relatives is automatically revoked or denied.

7. My uncle petitioned for my mother and I am the derivative applicant of the
petition. Now my uncle (the petitioner) is dead, what would happen to the
petition?

If the petitioner dies after the approval of the I-130, then the principal
beneficiary can apply for a humanitarian reinstatement.
However, if the petitioner dies when the I-130 is still pending, the principal
beneficiary or the derivative beneficiary can seek relief under 204(l). But the
primary/derivative beneficiary has to reside in the USA at the time of the death
of the principal beneficiary and continue to reside in the USA for seeking
relief.

8. What if some of the documents for my I-130 are missing?

If you lack one of the primary documents required, such as a birth certificate,
you must submit other secondary evidence, such as school records or affidavits
where both of your parents’ names are mentioned. And also a letter from the
appropriate authorities confirming why that document does not exist.

9. Can my sibling come to the USA and stay with me while the visa petition is
pending?

While you are waiting for the I-130 petition to be approved, your sibling may be
able to travel to the United States on a non-immigrant visa such as B1/B2 or F1.
However, it's important they make it clear to immigration officers when they
enter that they will leave before this non-immigrant visa expires and about
their non-immigrant intent (that they will not apply for a green card after
entering on a non-immigrant visa).

Affidavit of Support (I-864)
1. Who Needs an Affidavit of Support (I-864)?

This form is legally required for family-based i-485 or IVP applications to show
the petitioner/joint sponsor has adequate means of support the beneficiary after
immigration to the United States.

2. Who can be a Financial Sponsor?

A financial sponsor, including a petitioner, must be at least 18 years old and
either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must
also have a domicile (residence) in the United States.

3. How is domicile determined?

Domicile is a complicated issue that must be resolved on a case-by-case basis. A
petitioner who is residing abroad must have a primary residence in the United
States and intend to maintain that residence for the foreseeable future in order
to qualify as a sponsor. Sponsors who are lawful permanent residents (LPRs) must
demonstrate that they are maintaining their LPR status.

4. If a person is not domiciled in the United States can he/she be a sponsor?

No, the law requires sponsors to be domiciled (live) in any of the United
States, the District of Columbia, or any of the United States' territories or
possessions.

5. What are the income requirements?

To qualify as a sponsor, you must demonstrate that your income is at least 125
percent of the current Federal Poverty Guidelines for your household size. The
income requirement can vary depending on the household size, the sponsor’s
residence, and whether the sponsor serves the U.S. Armed Forces or not.

6. What if the sponsor does not have adequate income?

Petitioners who are unable to meet the income criteria have the following
options:

* Use the income of the intending immigrant.
* Find a "joint sponsor" who agrees to financially support the visa applicant
as well,
* Use the income of a household member to meet the Poverty Guidelines.
* Use the household assets to meet the income criteria.

7. What can be used as assets?

Financial sponsors can only include assets that can be converted into cash
within one year and without causing significant hardship or financial loss to
the sponsor or his or her family. Savings, stocks, bonds, and property are
examples of assets that are easily convertible to cash. Sponsors are allowed to
include the value of their house. They may not include the value of their
vehicle unless they can demonstrate that they have more than one and that the
primary vehicle is not included as an asset.

8. How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrants you are sponsoring in this Affidavit
of Support will continue until the sponsored immigrant becomes a U.S. citizen.

1. Can I work while my I-485 application is pending?

In order to work while your I-485 application is pending, you need a work
authorization from the USCIS. In order to obtain this, you need to file the
I-765 application with the I-485 application.

2. Why do I need to file the I-765 application with my I-485 application?

The I-765 application is filed to obtain work authorization for the applicant.
Upon approval of this application, the applicant is granted an EAD card, which
allows them to work while their green card is pending.

3. How long does it take to receive approval on I-765 application?

Just like I-485 applications, the processing times for I-765 applications vary
between different USCIS service centers and benefits centers. In general, it
takes around 6-7 months to receive approval.

4. What is the ‘combo card’ in the I-485 application process?

If you submitted Form I-765, Application for Employment Authorization, along
with your Form I-131, Application for Travel Document, as a part of your
adjustment of the status package, the EAD and advance parole travel document are
generally combined on a single combo card. With the combo card, you are
considered an adjustment of status applicant who may work in the United States
and travel outside the U.S. according to the criteria of advance parole.

5. What are the filing fees for I-765 application if I file it along with my
I-485 application?

The filing fees for Form I-765 is $260 if filing along with the I-485
application or under a pending I-485 application.

1. Why should I apply for I-131 together with Form I-485?

Many applicants want to travel abroad while their I-485 is pending to visit
family, take a vacation, or even tend to urgent matters. Generally, an AOS
applicant that leaves the United States without advance parole will abandon the
I-485 application and will likely have trouble reentering. That is why applying
for I-131 for advance parole along with I-485 is necessary.

2. What are the filing fees for I-131 application if I file it along with my
I-485 application?

The filing fees for Form I-131 is $630 if filing along with the I-485
application or under a pending I-485 application.

3. Can I travel outside the US while my I-485 is being processed?

Yes, you can travel while Form I-485 is pending if USCIS has granted you Advance
Parole. Remember that, if you travel before approval of Advance Parole (I-131),
your I-485 will be denied.

4. Do I have to state the exact date and time of my future trip in the I-131
application?

The date that is entered in the I-131 application as the date of travel is a
tentative date. The length of the trip is also approximate. You do not have to
put in your exact travel date, nor do you have to follow that exact date while
planning for a trip.

5. Is it possible to expedite the I-131 application?

USCIS may expedite your application if you have a dire emergency and can provide
evidence for the urgent need to travel (e.g., medical documentation, death
certificate).

6. What are the criteria for Emergency Advance Parole?

You may be able to obtain an emergency Advance Parole Document if one or more of
the criteria below have been met:

* Severe financial loss to company or person;
* Emergency situations;
* Humanitarian reasons;
* A nonprofit organization whose request is in furtherance of the cultural and
social interests of the United States;
* Department of Defense or National Interest Situation (Note: The request must
come from an official U.S. Government entity and state that delay will be
detrimental to the Government.);
* USCIS error; or
* Compelling interest of USCIS.

7. What do I need to do when traveling with advance parole?

When traveling with advance parole as an adjustment of status applicant, you
need to remember to:

* Take your original Advance Parole Document
* Take a photocopy of the I-797C Notice of Action confirming that your I-485
application was accepted.
* Return before the deadline on your Advance Parole Document – leave extra time
in case of travel delays

1. What is the significance of Form I-485 in relation to the public charge
ground of inadmissibility?

Form I-485, Application to Register Permanent Residence or Adjust Status,
includes questions related to whether the applicant is subject to the public
charge ground of inadmissibility under INA section 212(a)(4).

2. Who is subject to the public charge ground of inadmissibility?

Except for some special applicants, every I-485 applicant is subject to the
public charge ground of inadmissibility.

3. How does USCIS determine whether an applicant is likely to become a public
charge?

USCIS evaluates factors such as the applicant's age, health, family status,
assets, resources, financial status, and education and skills to assess their
likelihood of becoming primarily dependent on the government for subsistence.

4. Which benefits are considered in public charge inadmissibility
determinations?

Public cash assistance for income maintenance and long-term institutionalization
at government expense are considered when determining if an applicant is
inadmissible to the US under the public charge inadmissibility grounds.

5. Does USCIS consider an applicant's assets and resources when making a public
charge determination?

Yes, USCIS considers an applicant's assets and resources as part of the factors
assessed to determine the likelihood of becoming a public charge.

6. How does USCIS consider an applicant's educational background in public
charge inadmissibility determinations?

USCIS considers an applicant's education and skills as factors that may
influence their ability to secure employment and financial independence in the
United States.

7. Which benefits are not considered in public charge determinations?

Generally, USCIS does not consider non cash benefits in making public charge
determinations. The only non cash benefit they consider is long-term
institutionalization at government expense. They also do not consider
special-purpose cash assistance that is not intended for income maintenance.

8. Are there specific provisions for certain humanitarian categories under the
public charge ground of inadmissibility?

Yes, certain humanitarian categories such as refugees, asylees, and victims of
trafficking or qualifying criminal activity are exempt from the public charge of
inadmissibility.

9. What happens if I fail to disclose receipt of public benefits on Form I-485?

Failure to disclose relevant information can lead to delays or denials in the
application process.

10. What should I do if I have received benefits like SSI or TANF in the past?

Disclose this information on Form I-485 and explain the circumstances in the
additional information section.

11. Do I need to include income and assets of household members on Form I-485?

Yes, household income and assets of all included family members must be
disclosed, excluding specific illegal sources.

12. Do all applicants filing Form I-485 need to demonstrate they are not likely
to become a public charge?

Yes, all applicants filing Form I-485 must undergo a public charge assessment.
This includes providing information about their financial status, education,
skills, health, and other relevant factors.

13. Can receiving public benefits affect my eligibility for a green card through
Form I-485?

Receiving certain public benefits may raise concerns about the applicant's
ability to support themselves financially in the future. It's essential to
understand which benefits are considered and consult with immigration counsel if
you have concerns about your eligibility.

14. Are there any exemptions or waivers to the public charge rule for Form I-485
applicants?

Certain categories of applicants may be exempt from the public charge rule or
eligible for waivers, such as refugees, asylees, and certain other humanitarian
cases. It's essential to review the specific eligibility criteria and consult
with immigration experts if you believe you qualify for an exemption or waiver.

1. Do you have any recommendations on who should provide the birth affidavit?

The person who writes an affidavit is an “affiant.” Affiants may be relatives of
the applicant and do not have to be U.S. citizens. It’s very common for parents
to write affidavits for the applicant. However, any individuals who were alive
at the time of the applicant’s birth and were aware of the birth may act as the
affiant. There is an important exception – the affiant may not be submitting an
application for permanent resident at the same time. For example, the parents of
an applicant may not act as affiants if they too are submitting Form I-485 to
adjust their status.

2. My wife's oldest sister was a minor (5/6 years) during the time of my wife's
birth. Can my wife's oldest sister give her an affidavit of Birth?

5/6 years old baby may not be aware of someone’s birth. We recommend that kind
of person who was at least 18 years old at that time.

3. One of my wife's uncles is living in the USA and was also present during my
wife's birth. Based on the notary document, it seems that the documents are
notarized in Bangladesh. Can it be done from here?

Yes.

4. Birth Affidavit Requirements
* State the applicant’s full name, place of birth, date of birth, and the full
names of both of the applicant’s parents.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.

5. Should both of my parents have a picture in the Birth Affidavit? Do there any
standard size for the pictures? Does it have to follow a US passport size
picture (e.g., 2 by 2)? In addition, do the photos need to be attested first?

Pictures on the affidavit of the birth letter are not mandatory. But, the letter
must have their signature.

1. How long it may take to prepare I-485 and how much is the cost for retaining
the preparation service?

In general we take around 7-10 working days to complete I-485, and our fee is
$1,200 for the principal applicant and $700 for each dependent.

2. What do I need to write on the backside of the photo?

Write the applicant's name with a pencil.

3. Can I do paper clips for the forms or staples or nothing?

Please do paper clips or nothing.

4. As a supporting document, do I need to submit all pages of our passports or
just the bio pages and visas?

No need to submit all the pages, the bio pages including personal data and
emergency contact page as well as visas will be fine. Moreover, please do not
forget to submit all the old and new copies of passports for both the principal
and derivatives.

5. I was not sure if the I-485 application contract (retainer) covers RFF’s as
part of the attorney fee. Can you clarify if I get an RFE, will the current
attorney fee cover responses to RFE, or do I have to provide an additional fee
for that?

Yes, the contract (retainer) covers RFE as well. No need to provide an
additional fee for that separately.

6. My mother's signature on her passport is in Bengali. Should she give a
Bengali signature on the notarized document in support of the DOB? Or should the
signature be in English in this document?

The signature of the Affidavit of Birth does not have to be the same as in the
passport. She will be able to sign as she wishes in both Bengali and English.

* Naturalization Process
* Travel Before Naturalization
* Naturalization Interview and Oath
* Naturalization Tests

1. How many years should I wait as a green card holder before filing for a
naturalization/citizenship application?

If you are married to a U.S. citizen for three years and have been living in the
U.S. with your spouse as a permanent resident for at least three years, you may
be eligible for naturalization to become a U.S. citizen. In other cases, you
will have to wait at least five years as a permanent resident before you can
naturalize.

2. Can I change my current address before filing for a citizenship application?

You must live within the state or USCIS district from which you are applying for
at least 3 months before filing.

3. What is the age requirement for filing a Naturalization application (Form
N-400)?

You have to be at least 18 years of age at the time of filing (except active
duty members of the U.S. Armed Forces).

4. Do I have to maintain my physical presence in the United States before I can
apply for citizenship/Naturalization?

You have to maintain continuous residence for a required period of time. If you
are filing form N-400 (naturalization application) because you have been a green
card holder for 5 years or more, then you need to maintain physical presence in
the United States as a permanent resident for at least 30 months. On the other
hand, when you apply for naturalization because you have been a parliament
resident for 3 years, but you are married to a US citizen, then you need to
maintain physical presence as a green card holder for at least 18 months.

5. Can I apply for Naturalization with an expired green card?

You might be able to apply for naturalization even if your green card is
expired. USCIS does not explicitly ask for a valid or unexpired green card for
citizenship application. Many have been able to get their citizenship while
filing N-400 (naturalization application) with an expired green card. However,
you should consult an immigration attorney if your green card is already expired
and you want to file for naturalization. Another option is, you can submit form
I-90 to renew or replace your current green card, and then file for
naturalization with the receipt notice of your pending I-90 (Application to
Replace Permanent Resident Card ).

6. What is the difference between conditional green cards and permanent green
cards?

A conditional green card remains valid for a two-year period. A permanent green
card is valid for ten years; otherwise, the two cards offer the same rights and
privileges. You can apply to remove conditions from your conditional green card
before the expiration of that conditional green card. If USCIS approves your
condition removal application, you will be given a permanent resident card.

7. Can I apply for Naturalization with my conditional green card?

In short, no. You have to become a permanent resident from a conditional
residence before you can apply for N-400. However, if you have already applied
to remove the condition and you have a receipt notice for this application
(I-797C-Notice of Action), then you can apply for naturalization with the
receipt notice.

8. Can I change my name through the naturalization application?

You can legally change your name when you naturalize. You need to input your
name change request in the forms and submit evidence regarding the matter if you
want to legally change your name.

9. Can I change my name, while the naturalization application is pending?

Yes. You can legally change your name after filing your application for
naturalization with USCIS. If your name has changed after you filed a
naturalization application, you must promptly provide USCIS with the documents
that legally changed your name, such as a marriage certificate, divorce decree,
court order, or other official records.

10. Do I have to provide all of my residence histories for the last 5 years in
form N-400 (naturalization application)?

Yes. You need to provide your residence history for the last 5 years till your
naturalization application.

11. Do I have to provide my employment histories for the last 5 years in my
Naturalization application?

Yes, you need to provide your every employment for the last 5 years till your
naturalization application. You will also need to mention this even if you were
unemployed during this time.

12. Do I need to provide information about all my children on my N-400
application?

Yes, you need to provide information about your every child regardless of
whether they are alive, missing, deceased; born in other countries or the United
States; under 18 years of age or over 18 years of age; married or unmarried;
living with you or elsewhere; current stepchildren; legally adopted children; or
children born when you were not married.

13. Do I have to Naturalize if my parents are US citizens, but I was born
abroad?

If one of your parents (or both) were citizens when you were born abroad, you
may automatically become a U.S. citizen.

14. Do I have to make a citizenship application if my parents become US citizens
after my birth abroad?

You can naturalize through the N-600 application if you are under 18 years old
and one of your parents becomes a US citizen through naturalization.

15. What indicates a lack of good moral character to USCIS in processing
Naturalization application (N-400)?

Good moral Character is one of the crucial requirements for naturalization as a
US citizen. A lot of behavior and conduct can be considered by USCIS as a bad
moral character which is not necessarily a criminal offense. Here are some
examples of conduct that demonstrate a lack of good moral character- Any crime
against a person or property or the government with an intent to harm or fraud,
Two or more crimes for which the accumulated sentence was more than 5 years,
violating any controlled substance abuse act, habitual drunkenness, illegal
gambling, polygamy, failing to pay court-ordered child support or alimony, lying
to gain the immigrant benefit, persecution of a person based on their religion,
race, sexual orientation, political opinion, etc.

16. If I had to spend a few days in prison, would it affect my naturalization
process?

Confinement in prison, jail, or similar institute for 180 days or more in the
past 5 years might demonstrate a lack of good moral character.

17. Can any of my Criminal Records be a Permanent bar to my naturalization
process?

There are certain crimes that not only show a lack of good moral character but
also may cause you to be permanently ineligible for naturalization. Generally,
the offenses that can cause such permanent bars are- murder, any aggravated
felony if you are convicted on or after November 29, 1990, genocide, torture,
persecution, or severe violation of religious freedom.

18. What is considered an aggravated felony in the naturalization process?

The USCIS's definition of an aggravated felony covers a wide range of offenses,
including some you might assume, such rape, child pornography, sexual assault on
a child, trafficking in drugs or weapons, racketeering, operating a prostitution
business, and $10,000 or more in fraud.

19. Should I mention my criminal record in my N-400 form?

Yes. You should mention all the offenses you committed in your N-400 form in the
designated spaces even when your criminal record is expunged (removed from your
record) or the crime was committed before your 18th birthday. If you hide any
information regarding this and it is found out by USCIS later there is a good
possibility that your application might be denied.

20. What supporting documents do I need to provide if I have a criminal record?

If you have been arrested or convicted of a crime, you must submit a certified
copy of the arrest report, sentencing, court deposition, and other relevant
documents. The only exception to this rule is a traffic citation if it was not a
drug or alcohol related and the fine was under $500. In that case, you do not
need to submit any documentation regarding this.

21. Is Marriage Fraud considered a Serious Crime in the process of
Naturalization application?

Yes, it is illegal for an immigrant to marry someone just to get a green card or
citizenship or any other immigration. These unions are additionally
characterized as sham or false unions. According to the United States
Citizenship and Immigration Services (USCIS), this is a federal offense with
serious repercussions for the offender, a citizen of the United States, as well
as other convicts.

22. What Are the Penalties of Marriage Fraud if it is found during my
naturalization process?

Both the American citizen and the immigrant will be prosecuted if found.

* For the Immigrant: If found guilty of marriage fraud or a sham marriage, the
immigrant will face serious consequences. A person who intentionally and
knowingly enters into a marriage with the intent to evade any immigration
legislation is subject to a five-year maximum prison sentence, a fine of no
more than $250,000, or both, according to INA 275 (c).
* For the U.S. Citizen: From a citizen's perspective, there are two sorts of
marriage fraud. They knew the marriage wasn't legal going into it, or they
didn't know what the foreign spouse's intentions were. As opposed to the
former, which is a false marriage, the latter is marriage fraud. Depending on
the level of involvement, the citizen may be subject to fines, jail time, or
both. They're likely to face serious charges if they agreed to be married in
exchange for money or other benefits.

23. How Does the USCIS Discover Marriage Fraud during Naturalization?

The USCIS places a high priority on checking the real marital situation for
possible fraud due to the surge in marital fraud throughout the years. To stop
them, it collaborates with a number of allied organizations, such as ICE and
NVC.

24. What is a bona fide/true marriage for the naturalization process?

A bona fide marriage was entered in “good faith.” This practically means that
spouses were in love with each other, and they intended to stay together
forever, not until a foreign spouse gets a green card. Such marriage differs
from a marriage which took place to take advantage of U.S. immigration laws
unjustly, otherwise known as a fraudulent marriage.

25. What should be the duration of my current marriage prior to filing for
marriage based naturalization?

If you are a green card holder and you want to file for naturalization based on
your marriage to a US citizen, you must have been married to your U.S. citizen
spouse for at least three years before submitting your N-400 application. This
clause stipulates that you must have been married to your citizen spouse for the
whole three-year period prior to filing. If you and your spouse truly live
together, USCIS will regard the two of you as "living in marital union."
However, this does not mean you and your US citizen spouse need to physically
live together the entire time.

26. How can the marital union disrupt my naturalization process?
* If your U.S. citizen spouse dies at any time prior to you taking the Oath of
Allegiance.
* If you or your spouse terminated the marriage through divorce or annulment,
* If you are no longer actually residing with your U.S. citizen spouse
following a separation.

1. Do I need to provide information about my every trip outside the US?

Yes. You will have to mention every trip duration outside the USA for the last
five years till the naturalization application. Every 24 hours spent outside the
USA will be counted as a trip day.

2. Can the length of my trip hurt my naturalization application?

The number of your trips outside the USA and length of those trips can affect
your naturalization application immensely. If you are filing Naturalization
based on 5-year- permanent residency, you must be physically present in the USA
for at least 30 months in the last 5 years. If you are filing N-400 based on
3-year-permanent residency, you must be physically present in the United States
for at least 18 months in the last 3 years. When counting the total number of
days spent outside the country, include all the trips you took outside the USA
in the last 5/3 years.

3. Can any of my trips taken before Naturalization filing be longer than 6
months?

No trip outside the United States in the last 5 years (3 years in case of
marriage based naturalization) should last more than 6 months as it brings
complications in the Naturalization process. If any of your trips last more than
6 months but less than 1 year, you will have to provide proof of maintaining
residency in the United States during the time of absence. You should consult an
experienced immigration attorney, if your situation is like this.

4. Can any of my trips before filing for naturalization be longer than 1 year?

No. Any single trip should not last more than 1 year, if you have a
naturalization plan in the foreseeable future. If you have a trip longer than 1
year, your continuous residency will break. That means, the countdown of your
5-year/3-year green card holding period will start over from the day of your
return to the USA .

5. What is the difference between physical presence and continuous residence in
case of naturalization?

Physical presence refers to the total number of days you spent in the country as
a permanent resident prior to filing the naturalization application (form
N-400). Continuous residence refers to the period of time you have lived as a
green card holder in the US without taking any single trip that might "break"
that continuity for naturalization purposes. For example, if you take any trip
outside the USA that lasts more than 6 months, the amount of days you have spent
in the USA as a green card holder prior to this trip, might not be counted
towards your eligibility for naturalization thus breaking your continuous
residence.

1. When will the Naturalization interview take place?

After the first and second steps of the naturalization process are complete,
that means applying and getting biometrics done USCIS will send you an
appointment notice with the date and time of your interview.

2. Where will the Naturalization interview take place?

You will get to know which USCIS field office you must go to for your interview
from the appointment notice. The location of your appointment will be determined
by the ZIP code you provided in the “Current Physical Address” section of your
N-400 form.

3. What if I changed my physical address after applying for Naturalization?

To notify USCIS about your current address change, you will need to fill up
AR-11 and submit it online. It is a very easy process with no fees involved. All
the information you will need is your new address, old address, A-number, and
Receipt number of pending N-400. You must do it within 10 days after you move to
your new address. Keeping your current address up-to-date in this way will help
you get all the important notice from USCIS including the interview appointment
notice.

4. Do I need to bring original documents such as birth and marriage certificates
to the naturalization interview?

Yes. You should bring certain original documents to your interview. Examples of
these documents include; original birth, marriage, divorce, final adoption, and
naturalization certificates; court orders/decrees; evidence of child support
payments; court-certified arrest reports; and probation/parole records. Certain
certified copies of documents can also be provided.

5. Can I bring someone to my Naturalization Interview?

You may bring a representative, or an interpreter (if needed) with the
appropriate paperwork such as submitting the G-28 (Notice of Entry of Appearance
as Attorney or Accredited Representative) form with your N-400 form. Moreover,
you may take a family member or friend with you, clarifying the reason why you
need their support during the interview.

6. What will I be asked in the naturalization interview?

You can be asked anything in the interview. However, keep in mind, Before the
interview, the USCIS officer will review your Form N-400 and your “A-File,”
which is a collection of records documenting your immigration journey.
Generally, the USCIS officer will explore the content of these files and take
clarification from you during the interview.

7. Does USCIS provide accommodation for individuals with Disabilities or
Impairments?

Yes. USCIS is committed to providing reasonable accommodations for qualified
individuals with disabilities and/or impairments that will help them fully
participate in USCIS programs and benefits.

8. Will I become a US citizen after the interview?

No. You only become a US citizen after you attend a formal naturalization
ceremony and take an oath of allegiance. After a successful interview USCIS will
notify you about this by sending a notice to take an oath of allegiance (Form
N-445).

9. What can I do if my Naturalization application is denied?

You can appeal requesting a hearing to re-evaluate the decision by filing form
N-336. You will get this form with the denial letter from USCIS. The form must
be submitted with the correct fee within 30 days of receiving the denial letter.
If you are still aggrieved by the decision of this appeal, you can file another
appeal to the district court.

10. Does USCIS provide accommodation for individuals with Disabilities or
Impairments in Naturalization Interview?

Yes. USCIS is committed to providing reasonable accommodations for qualified
individuals with disabilities and/or impairments that will help them fully
participate in USCIS programs and benefits. You should state your disability or
impairment and the required accommodation in the assigned space of N-400 form
(naturalization application)

1. When do I have to take the Naturalization Tests of my Naturalization process?

Usually, you have to take your naturalization tests, both English and Civics, on
the same day as your naturalization interview if there is a slot available on
that day, otherwise they will schedule another day for the tests. The tests are
part of a naturalization interview and take place during the interview.

2. How many exams will I have to take for the naturalization test?

As part of the naturalization process, applicants for U.S. citizenship must pass
a two-part naturalization test. The first component is an English test that
assesses the applicant’s ability to read, write, and speak in the language. The
second, a civics test, evaluates the applicant’s knowledge of U.S. history and
government.

3. How many questions can I be asked in a civics test for Naturalization test?

The civics test is an oral test and the USCIS Officer will ask the applicant up
to 10 of the 100 civics questions. An applicant must answer 6 out of 10
questions correctly to pass the civic portion of the naturalization test. You
will find the complete list of 100 questions on the USCIS website among which
the USCIS officer will randomly choose 10 questions.

4. Can I be exempted from the Naturalization test because of my age?

If you are 50 years old or older and you have been a green card holder for at
least 20 years, you will be exempted from taking the English test. But you will
still have to take the civics test.

Also, If you are 55 years old or older and you have been a green card holder for
at least 15 years, you will be exempted from taking the English test, but not
the civics test.

5. Can I be exempted from both English and Civics Test during my naturalization
interview?

In two cases an applicant can be exempted from both English and Civics tests.
Firstly, If the applicant is aged 65 and older and has lived in the U.S. as a
green card holder for at least 20 years, they will be exempted from both tests.

Secondly, If the applicant has any medical disability. It should be noted, to
prove the ground of medical disability, Form N-648 must be filed with a
naturalization application.

6. Can I be exempted from the English language and civic test if I have a
disability?

Yes. You can request an exception to the English language and/or civics tests
based on a physical or developmental disability or mental impairment that
prevents you from complying with the English language and/or civics requirements
for naturalization. Submit Form N-648, Medical Certification for Disability
Exceptions, as an attachment to your Naturalization application (Form N-400).
Remember that, USCIS will not exempt you from any test on ground of disability
if you have not filed form N-648.

* Family-Based IVP
* Employment-Based IVP
* Immigrant Visa Interview

1. My I-130 petition is approved. What is the next step for me to get a
family-based immigrant visa?

With the approved I-130, you can proceed with the next steps based on your
location. If you're in the U.S., file the I-485 Application to Adjust Status. If
abroad, the National Visa Center will guide you through the Immigrant Visa
Processing (IVP). Pay close attention to the priority date assigned during the
I-130 approval, as it determines your place in the visa queue and influences
when you can move forward in the process.

2. What happens after I receive an NVC welcome letter for Immigration Visa
Process or IVP?

If an immigrant visa is available for you, NVC will begin pre-processing your
case by asking you to pay the appropriate fees on the CEAC website. After the
appropriate fees are paid, you will be able to submit the necessary immigrant
visa forms and documents. If visas are not available for your visa category, NVC
will notify you that NVC received your petition and will hold it until a visa
becomes available.

3. How do I log into my CEAC portal for my family-based Immigrant Visa
Processing (IVP)?
Visit CEAC website, enter your case number and invoice ID, complete security
validation, and click "Submit" to log into your CEAC portal. NVC will send you
the credentials, case number and invoice ID, for logging into the CEAC website
in the welcome letter.

4. What are the fees for family-based IVP (Immigrant Visa Processing)?

The family-based immigrant visa processing fees consist of $325 for each
applicant undergoing Immigrant Visa Processing (IVP) and an additional $120 for
the Affidavit of Support.

5. What is an affidavit of support for the family-based IVP (Immigrant Visa
Processing)?

An Affidavit of Support, also called the Form I-864, is a document an individual
signs to accept financial responsibility for the applicant who is coming to live
in the United States. The person who signs the Affidavit of Support is also
called the “sponsor.”

6. Who should submit an affidavit of support for a family-based IVP application?

The petitioner of a family-based petition (Form I-130) must submit an affidavit
of support in order to sponsor the applicant she/he petitioned for. Also, if the
annual income of the petitioner does not meet the USCIS minimum required level,
a joint sponsor also should submit an affidavit of support for the applicant
along with the petitioning sponsor.

7. Who is a joint sponsor for a family-based IVP application?

A joint sponsor is a U.S. citizen or green card holder who agrees to take on the
legal obligation of financially supporting an applicant for a family-based green
card.

8. What is the difference between a petitioning sponsor and a joint sponsor in a
family-based IVP application?

The main sponsor (the petitioner who filed Form I-130) is also known as the
petitioning sponsor. If the petitioning sponsor does not have sufficient income
to support the intending immigrant, she/he may need the help of an additional
sponsor. The additional sponsor is called a joint sponsor.

9. How can I submit the affidavit of support form for my spouse’s IVP
application?

The family-based IVP application is an online process. To submit and affidavit
of support form you have to fill up the pdf file of the I-864 form, sign it,
scan it, upload and submit it on your spouse’s CEAC portal.

10. How can I submit my family-based IVP application?

The family-based immigrant visa application is an online process. You have to
fill up an online form called DS-260 after logging into the CEAC port and paying
the fees. After filling up the form you have to submit it along with the
required civil documents on the CEAC website.

11. Can I submit an adjustment of status application instead of IVP after the
approval of my I-130 petition?

Yes, if your I-130 petition's priority date is current and you're residing in
the U.S., you can submit an adjustment of status application after staying for
at least 90 days (if on a nonimmigrant visa). And notify the NVC about your
intention through the public inquiry form.

12. Can I request to expedite my family-based immigrant visa processing (IVP)?

If a visa is available for your category, and your situation involves a life or
death emergency, processing of your case may be expedited. For an expedite
request, please submit a scanned letter (or statement) to NVCExpedite@state.gov
explaining the situation along with strong evidence.

13. Can I update my DS-260 application form after submitting it for my
family-based IVP application?

You can try requesting NVC to update your information on the form through a
public inquiry form. However, if NVC refuses to update the form, you should
consult an experienced immigration attorney regarding this issue.

14. Can I change my consulate for my immigrant visa processing (IVP) after the
approval of my family-based I-130 petition?

Yes, you can. If you move to another country during your application process
while the case is at the NVC, you can submit a request to change your consulate
through the public inquiry form along with proper evidence of your legal stay in
the desired country.

15. What happens after the submission of a family-based IVP application?

After submitting the application and the required documents, NVC will review
your application and the documents. If they need any further information or
documents they will notify you through the CEAC portal. After receiving all
required information and documents, they will send you an email stating that
your case is now documentarily qualified (DQ).

16. My IVP (family-based) case got DQ (documentarily qualified) status, what
should I do now?

Now NVC will start working with the respective US consulate to secure an
interview date for you. After securing the date, NVC will notify you regarding
the interview date, place and time through an interview letter. In the meantime,
you do not have to do anything but to wait for the interview letter.

17. What happens if the petitioner of an I-130 petition becomes a US citizen
from LPR while the IVP case is pending at the NVC?

If the petitioner becomes a US citizen from LPR during the IVP process, the visa
category of the applicant will be changed and to update the visa category, the
petitioner or the applicant has to notify the National Visa Center (NVC)
regarding the change of US status of the petitioner along with proper evidence
(US Passport/Naturalization Certificate).

18. What happens if the petitioner of an I-130 petition dies while the IVP case
is pending at the NVC?

If the petitioner dies during the IVP process, there are ways to reinstate the
petition (if they are eligible). Please contact an experienced immigration
attorney to move forward with the application.

20. What happens if the petitioner withdraws the petition while a family-based
IVP case is pending at the National Visa Center (NVC)?

If the petitioner withdraws the petition before the immigrant visa interview,
the petition will be dismissed by the USCIS.

21. I am a green card holder in the United States. I filed an I-130 petition for
my wife. The petition was approved and forwarded to the National Visa Center for
further processing. After that my wife gave birth to our child in Bangladesh.
How do I add my new born child to the IVP application?

Since you are a green card holder, your new born child will be considered as a
derivative of your spouse’s immigrant visa application and you can add the new
born child to her IVP application. If you want to add your new born child to
your spouse’s IVP application, you have to login to your spouse’s CEAC portal
and click the ‘Add Applicant’ button at the bottom left corner of your spouse’s
CEAC portal and put your new born child’s full name, upload the child’s birth
certificate and passport at the designated section and submit the request. NVC
will add your new born child as a derivative of your spouse within 2/3 business
days.

22. I am a citizen of the United States. I filed an I-130 petition for my wife.
The petition was approved and forwarded to the National Visa Center for further
processing. After that my wife gave birth to our child Bangladesh. How do I add
my new born child to the IVP application?

Since you are a citizen of the United States, your new born child will not be
considered as a derivative of your spouse’s immigrant visa application and you
can not add the new born child to her IVP application. However, since you are a
citizen of the United States and were at the time of your child’s birth, the
child can directly get an US citizenship status. To get an US citizenship for
your child, you have to report the child’s birth at the nearest U.S. embassy or
consulate as soon as possible so that a passport and/or Consular Report of Birth
Abroad (CRBA) can be issued as an official record of the child’s claim to U.S.
citizenship or nationality.

23. I am a citizen of the United States. I filed an I-130 petition for my
parent. The petition was approved and forwarded to the National Visa Center for
further processing. After logging into my parent’s CEAC portal I can not find my
sibling’s name as a derivative applicant of my parent. How do I add my sibling
as a derivative applicant to my parent’s IVP application?

Since you are a citizen of the United States, your siblings will not be
considered as a derivative of your parent’s immigrant visa application if your
siblings are married or over 21 years of age and you can not add them to your
parent’s IVP application. You have to file a separate I-130 petition for your
siblings. However, if your siblings are unmarried and under 21 years of age, you
can add them as a derivative applicant to your parent’s immigrant visa
application. To do so, you have to login to your parent’s CEAC portal and click
the ‘Add Applicant’ button at the bottom left corner of your spouse’s CEAC
portal and put your sibling’s full name, upload his/her birth certificate and
passport at the designated section and submit the request. NVC will add your
sibling as a derivative of your parent within 2/3 business days.

24. I am a green card holder in the United States. I filed an I-130 petition for
my child (under 21 years of age). The petition was approved and forwarded to the
National Visa Center for further processing. In the meantime, my child got
married. What happens now?

There is no visa category for green card holder’s married children. Therefore,
the petition will be automatically revoked if your child got married.

25. My uncle filed an I-130 petition for my mother on 02/02/2006 and the
petition was approved and forwarded to the NVC on 05/13/2009. An Immigrant visa
became available for my mother’s case on 09/15/2022. Me and my father are
derivatives to my mother’s immigrant visa application. My birth date is
11/28/1998. Can I get an immigrant visa as a derivative of my mother’s
application?

According to the Child Status Protection Act (CSPA) you can deduct the time
period while your mother’s I-130 case was pending for approval at the USCIS from
your age. And your age freezes when an immigrant visa becomes available for your
mother’s case. As per your information, your mother’s I-130 petition was pending
at the USCIS for 3 years 3 months and 12 days (from 02/02/2006 to 05/13/2009)
and your age was 23 years 9 months and 19 days (from 11/28/1998 to 09/15/2022)
at the time while an immigrant visa became available for your mother’s
application. Now, if we deduct the I-130 pending time from your freezed age your
CSPA age should be 20 years 6 months and 7 days which is under 21 years of age.
Therefore, you can get an immigrant visa as a derivative of your mother’s IVP
application if you remain unmarried by the time of your visa interview.

26. My uncle filed an I-130 petition for my father and the petition was approved
and forwarded to the NVC for further processing. Me and my mother are
derivatives to my father’s IVP application. I got married while my father’s IVP
application was pending. Can I get an immigrant visa as a derivative of my
mother’s application?

To be counted as a derivative of your parent’s immigrant visa application you
should be unmarried and under 21 years of age at the time of the immigrant visa
interview. Since you got married while your father’s case was pending, you will
no longer be counted as a derivative of your father’s immigrant visa application
and you will not get an immigrant visa under the same application.

1. My I-140 is approved. What is the next step for me to get an immigrant visa?

With the approved I-140, you can proceed with the next steps based on your
location. If you're in the U.S., file the I-485 Application to Adjust Status. If
abroad, the National Visa Center will guide you through the Immigrant Visa
Processing (IVP). Pay close attention to the priority date assigned during the
I-140 approval, as it determines your place in the visa queue and influences
when you can move forward in the process.

2. What happens after I receive an NVC welcome letter for Immigration Visa
Process or IVP?

3. How do I log into my CEAC portal for my employment-based Immigrant Visa
Processing (IVP)?
Visit CEAC website, enter your case number and invoice ID, complete security
validation, and click "Submit" to log into your CEAC portal. NVC will send you
the credentials, case number and invoice ID, for logging into the CEAC website
in the welcome letter.

4. What are the fees for employment-based immigrant visa processing?

The employment-based immigrant visa processing fees consist of $345 for each
applicant undergoing Immigrant Visa Processing (IVP).

5. Do I need to submit an affidavit of support for an employment-based immigrant
visa application?

Not all employment-based visa applications require an affidavit of support (for
example: NIW-based immigrant visa application).

6. How do I submit my employment-based immigrant visa application?

The employment-based immigrant visa application is a hybrid process (online and
offline). You have to fill up an online form called DS-260 after logging into
the CEAC port and paying the fees with the credentials mentioned on your welcome
letter. After filling up the form you have to submit the form and ship the
required documents to the NVC through USPS or any express courier mailing
service.

7. Can I submit an adjustment of status application instead of IVP after the
approval of my I-140 petition?

Yes, if your I-140 petition's priority date is current and you're residing in
the U.S., you can submit an adjustment of status application after staying there
for at least 90 days (if on a nonimmigrant visa). And notify the NVC about your
intention through the public inquiry form.

8. Can I request to expedite my employment-based immigrant visa processing
(IVP)?

9. Can I update my DS-260 application form after submitting it for my
employment-based IVP application?
You can try requesting NVC to update your information on the form through a
public inquiry form. However, if NVC refuses to update the form, you should
consult an experienced immigration attorney regarding this issue.

10. Can I change my consulate for my immigrant visa processing (IVP) after the
approval of my employment-based I-140 petition?

Yes, you can. If you move to another country during your application process
while the case is still in the NVC, you can submit a request to change your
consulate through the public inquiry form along with proper evidence of your
legal stay in the desired country.

11. What happens after the submission of an employment-based immigrant visa
application?

After submitting the application and sending the required documents, NVC will
review your application and the documents. If they need any further information
or documents they will notify you through an email. After receiving all required
information and documents, they will send you an email stating that your case is
now documentarily qualified (DQ).

12. My IVP (employment-based) case got DQ (documentarily qualified) status, what
should I do now?

1. When will I get my interview appointment letter for my IVP application?

It depends on your visa category and your designated US consulate. The wait time
for an interview appointment letter varies due to the above mentioned issues and
various circumstances.

2. What are the next steps after receiving an interview appointment letter for
my IVP application?

This depends on your designated US consulate. However, generally you have to
conduct a medical exam, register a document delivery option and gather all of
your original civil documents you submitted to the NVC before the interview
date.

3. Can I talk in my native language with the interviewing officer during my
immigrant visa interview?

Most consulates allow you to bring an interpreter or they arrange an interpreter
for you. If they allow you to do so, the interpreter will translate you the
questions of the visa officer and you can answer them in your native language.
If you can not arrange an interpreter and the interviewing officer can not talk
in your native language, you can not talk in your native language during your
immigrant visa interview.

4. How much time is allocated for my immigrant visa interview?

It entirely depends on your visa category, your designated US consulate and the
officer conducting the interview. Therefore, it is very difficult to provide you
with a concrete timeframe.

5. Is it necessary for the petitioner to attend the immigrant visa interview?

If it is a self petition and the petitioner is also the applicant, then the
petitioner must attend the interview. However, if the petitioner is not an
applicant, then the petitioner does not need to attend the interview.

6. Can somebody accompany me to my immigrant visa interview?

Most consulates allow a person to accompany the applicant if the applicant is an
elderly person, disabled or a minor child. Otherwise you have to depend on the
regulations of your designated consulate regarding this issue.

7. Do children need to attend the immigrant visa interview?

Yes. All applicants registered for immigration, including children, are required
to visit the Consulate in person for a formal visa interview.

8. What types of questions can I expect during an immigrant visa interview?

The expected questions during an immigrant visa interview entirely depend on
your visa category and your designated US consulate. However, you might face
some questions regarding your relationship to the petitioner, your intention
after admitting into the US, your occupation, your employment history, questions
about your other family members, etc.

9. Will the immigrant visa be granted on the date of the interview?

No, after the interview they will keep your passport and some other documents
(depending on the designated consulate) and let you know whether your visa is
approved or not. After the approval of your visa, they will send your passport
and other documents along with some further instructions to your registered
delivery address.

10. What is the next step after receiving an immigrant visa?

After receiving an immigrant visa, you have to pay the ‘Immigration Visa Fees’
to the USCIS before entering into the US.

11. Can I open the visa packet delivered to me from the embassy?

No, you can not open the visa packet, the visa packet must be opened by the CBP
officials at your port of entry in the US. If you open the visa packet before,
your visa will be invalidated. As a result, you won’t be able to enter the US.

1. What is Writ of Mandamus?

Mandamus is a judicial remedy in the form of an order from a court to any
government, subordinate court, corporation, or public authority, to do some
specific act which that body is obliged under law to do, and which is in the
nature of public duty, and in certain cases one of a statutory duty. In simple
terms, Writ of Mandamus is a type of suit or case to compel the Government
agencies to do their duties, which they are supposed to do under law.

2. What is the benefit of filing a Writ of Mandamus?

The implication of filing a writ of mandamus in an immigration matter is that
you can request the Court to ask the concerned Government agencies to perform
their duties on time. For example, suppose your visa application is stuck in an
administrative process or you are awaiting an interview appointment. In that
case, you may file a writ of mandamus requesting the Court to compel the
concerned Embassy or consulate to adjudicate your visa application or schedule a
visa interview appointment within a reasonable time.

3. Is there any negative effect in filing writ of mandamus against Government
Agencies?

Writ of Mandamus is one type of judicial remedy and in every legal dispute,
unless it is between two private individuals, one or more Government agencies
get involved as relevant parties. Filing writ of mandamus against Government
agencies will have no negative impact on the adjudication of your application or
petition.

4. What is the process of filing a Writ of Mandamus with this Law Firm? What is
the timeline to get the result?
You have to email us at raju@rajulaw.com or info@rajulaw.com expressing your
interest in filing a writ of mandamus. After that, our Admin Team will contact
you and initiate the process of retaining you as our client. After retaining you
as our client, the Admin Team will forward the matter to the Litigation Team,
and they will take over the case from that moment. The Litigation Team will
prepare the writ in your case and submit it before the Court accordingly. The
Litigation Team will take 14-16 days to prepare and submit your writ before the
Court. The Court may take 3-4 days to issue summons, and our Business Support
and Services Team will send those summons physically to the defendants. After
the summons has reached the defendants, we will submit the proof of issuing the
summons to the court, and since the delivery, the defendants have 60 days to
respond to a case. In addition, it may take 1-2 months to get a response from
the concerned agency (USCIS, Embassies, Consulates, etc.) regarding your case
from the date of filing the writ. According to our experience, it takes around
2-5 months to get a remedy to the mandamus lawsuit.

5. How can I reach you promptly if I need any urgent help?

Please call us at 833-725-8529 or email us at info@rajulaw.com
or raju@rajulaw.com.

6. The visa application includes both F1 and F2, and the U.S. consular put the
case in "Administrative Processing". Will it bring any changes to the agreement
with the law firm?

We will take care of both F1 and F2 in the same Writ of Mandamus.

7. Just like we have the option to raise a request on the USCIS website, does
such a thing exist on court (e.g., checking with court clerk on status maybe
after 20- 30 days of submission)?

You will get automated email notifications time to time from the Court after
submitting the Writ. We can also call the court clerk anytime and ask about the
status of your case. Also, the opposite party's lawyers will keep us updated.

8. Are you filing for "Petition for Writ of Mandamus" with nature of suit "465
Immigration - Other Immigration Actions" or "899 Other Statutes - Administrative
Procedure Act/Review or Appeal of Agency Decision"?

The process will be followed according to the 465 Immigration Procedure.

9. The status of my case changed to Issued. Does it confirm that the visa has
been approved?

Yes, it confirms that your visa has been approved. However, in such scenarios,
we recommend the clients to collect their passports with visa stamps and inform
us accordingly. Thereafter we inform the Court about it and submit a voluntary
withdrawal motion.

10. What is the overall cost of filing the Writ of Mandamus with your Law Firm?

There are three types of costs involved in filing the writ of mandamus with our
Law Firm:

* Attorney Service Fee
* Court Fee
* Summon Shipment Fee

The Court fee for filing a Writ of Mandamus is US $405. The summon shipment fee
is around US $200, depending on the number of defendants.

* The attorney service fee for an F-1 & J-1 based Writ of Mandamus is US $2500;
* For all other categories, the attorney service fee is US $3000;
* The Case Opening Fee is US $250.

The client shall pay the entire Attorney Fee and the Court Fee at once while
retaining the Writ of Mandamus service.

11. What is the payment process?

You may pay us through Paypal, Lawpay and Zelle. If you are from Bangladesh, you
may pay at our local bank account with local currency. However, if you pay us
through Paypal or Lawpay, you have to pay an extra 3% of the payment that you
are intending to make, which is the service charge for Paypal and Lawpay.

12. My Asylum Application has been pending a decision for more than two years.
Can I file a Writ of Mandamus?

Yes, if your asylum application is pending a decision for more than two years,
or if you are awaiting an interview appointment for your pending application,
you can retain us to file for a writ of mandamus to avail both the relief. We
will take care of both adjudication and interview appointment dates in the same
Writ of Mandamus.

13. “What types of visa and immigration cases are eligible for a Mandamus
Lawsuit?” or “What types of visa and immigration cases do you file a mandamus
lawsuit for?”

You can retain our service for the following visa or immigration application or
petition. Nonimmigrant visas include B visitor visa, E visa, F student visa, H
professional employment visa, K fiancée visa, L intracompany transferee, O
extraordinary ability, J Exchange visitor visa, and other nonimmigrant
categories. You can also retain us for immigrant visas, such as for a spouse,
parent, or other family members, EB-1 extraordinary ability, EB-2 national
interest waiver, EB-3 workers, EB-5 investor immigration, and Diversity Lottery
Visa.

If you have submitted a petition pending adjudication or are awaiting an
interview appointment, you can also retain us to file a Writ of Mandamus. You
can retain our service for petitions such as naturalization (form N-400),
adjustment of status (I-485), family immigration (I-130, I-751), fiancée
(I-129F), employment-based nonimmigrant (I-129) and immigrant petitions (I-140,
I-526, I-829), and special immigrant categories (I-360).

In non-immigrant visa categories, we recommend a delay of more than six months,
and in immigrant categories, we recommend a delay of at least one year before
opting for a mandamus lawsuit and having a successful mandamus outcome.

14. What is the Refund Policy for Clients?

As the client is to pay the entire attorney fee and court fee at once while
retaining the Writ of Mandamus service, the client is refunded based on our
progress in their case. The Admin Team will share the task progress breakdown in
the retainer agreement with the client.

15. How will communication work with me (the client)? / How will the attorneys
communicate with me about the case?

We mainly communicate with the client through email. The litigation team
deliberately answers all individual emails, queries, and concerns and
immediately updates our clients if there is any substantive update or
improvement in their cases.

16. What are the chances of success after filing a writ of mandamus lawsuit?

We do not guarantee our clients that filing a mandamus lawsuit will give them
the desired result. However, our team puts in 100% effort to ensure they do
everything necessary to help the clients and continuously communicate with the
court clerk and the agency to get updates on each case. The federal court
process is unpredictable, and we can not force the federal court or agency to
approve a visa; we can only compel them to provide a timely decision on your
case. However, our firm holds a very successful rate of cases (98.2%).

1. What is the Freedom of Information Act (FOIA)?

The Freedom of Information Act (FOIA) is a Federal Statute. FOIA allows anyone
to access or request recorded information from public authorities. Through FOIA,
any person can request records from the Federal Agency or the Executive Branch
of the United States Government. The federal agencies must disclose the
requested records unless the records are protected from disclosure by any or
nine exceptions contained in the law or by one of three special law enforcement
record exclusions.

2. What is a FOIA request?

A FOIA request is a written request made to a U.S. federal agency by any
individual or entity requesting federal records, including information and
databases held or believed to be held by an agency.

3. What is the benefit of making this request?

If you want any particular information on your visa or immigration case, you can
request a FOIA from the designated agency currently dealing with your
immigration status. Furthermore, you can submit a FOIA request to obtain a
record/document you do not possess or own.

4. What is the process for requesting an FOIA with this law firm? What is the
timeline to get the result?
You must email us at raju@rajulaw.com or info@rajulaw.com expressing interest in
requesting under FOIA. After that, our Admin Team will contact you and initiate
the process of retaining you as our client. After retaining you as our client,
the Admin Department will forward the matter to the Litigation Department, and
they will take over the case from that moment. The Litigation Team will take 5-7
days to prepare the FOIA request in your case and submit it accordingly to the
designated agency. Since the submission, it may take 2-3 months to receive a
response from the agencies, but the processing time varies from case to case.

5. How much does it cost to make a FOIA request with this Firm?

There are two types of costs involved in requesting under the FOIA with our Law
Firm:

* Attorney Fee: $400 + Agency Processing Fee
* The Client shall pay the entire Attorney Fee while retaining the service.

6. How do you submit the FOIA request? / What is the process for submitting a
FOIA request?

After the Admin Department introduces us to the Client, we collect all the
necessary information from the client, and based on the information, we provide
the client with a list of required documents to make the FOIA request. Since
collecting the necessary documents, we will take 5-7 days to prepare and
finalize all documents and submit the request to the designated department or
agency. FOIA requests have different submission requirements depending on the
department from which we seek information. Therefore, if the clients give us all
the necessary information, we can determine the appropriate agency to make the
FOIA request and proceed accordingly.

* Application Preparation and Requirements
* Requirement of English Proficiency?
* University and Tuition Fees
* Living Cost and Health Insurance
* Part-time Job Facilities
* Visa Interview
* After Reaching The USA
* Visa Document Preparation, Financial and Others
* Sponsorship
* Scholarship/Financial Aid
* Question Regarding Spouse/Dependent
* Pre-departure
* Regarding Our Package & Service Fee

1. What are the eligibility criteria for students in the U.S. University to
apply?

You must have the minimum CGPA as your preferred course and university
requested.

* IELTS/TOEFL/PTE/Duolingo
* SAT/ACT exam for bachelor's
* GMAT or GRE for masters/PhD
* Proof of finances (bank statement/ solvency certificate).

2. What are the documents I need to apply for an undergraduate program?
* Proof of successful completion of high school in the form of a diploma or
certificate
* Transcript of high school mark sheets, certificates, diplomas, and all
related documents
* English proficiency test scores
* Proof of finances (bank statement/ solvency certificate).

3. What documents do I need to apply for a postgraduate program?
* Copies of mark sheets and certificates attested by the university and sent by
the university official in a stamped and sealed envelope
* Scanned transcripts in a PDF format for online application
* CV/Resume
* Personal Statement
* Letter of Recommendation(s)
* Writing Sample(s)
* Test Score Reports/English Proficiency Test (IELTS/TOEFL/PTE/DUILINGO)
* Portfolio
* Standardized exam score/GRE/GMAT (if applicable)
* A credential evaluation report from one of the approved organizations

Note: Document requirements may vary with different programs. To check the exact
requirements, please refer to the intended course page on the university
website.

4. When is the deadline for Fall intake to apply to the U.S.?

Universities typically begin accepting applications for Fall admission in
September, with deadlines falling between February and March of the following
year.

5. Why should one choose Fall intake in the U.S.?

Since the academic year in the U.S. commences during this time, you get the
opportunity for networking and scholarships, which are beneficial for the entire
duration of your degree.

* Another advantage of fall intake over Summer or Spring intake is that all
universities in the U.S. offer all the programs during this time.
* The most significant advantage of enrolling in a university in the U.S.
during fall intake is that you get numerous on-campus job opportunities.
* Enrolling during the Fall intake will give you many opportunities to apply
for internships in the summer. You will meet the minimum nine-month degree
duration criteria.
* Since fall intake begins the academic year, you will also get time to explore
extra-curricular activities.
* The class size is more significant during Fall intake than in the spring and
summer, meaning you are more likely to be accepted into an American
University.
* Fall enrollment typically offers more acceptances at American universities,
potentially increasing your chances of admission compared to spring or summer
terms. So the fall intake is your best option for pursuing your studies
abroad.

6. How to apply for Fall intake in the U.S.?

STEP 1: Start your application procedure as early as possible.
Keep these things in mind.

* Start early. By August, you should shortlist 8 to 12 universities you wish to
apply to, along with their application requirements, due dates, etc., from
their websites.
* Look for scholarships and bank loan options to aid your education by
September.
* To start your preparation, consider accessing admission guides from
university websites, which are usually made available about a year before the
intended enrollment period.
* You should also perform some early research on various accommodation options.

STEP 2: Now that you have noted the essentials, it's time to appear for the
standardized exams.

Here are some helpful tips for this step:

* Begin preparing for standardized exams such as GMAT, GRE, SAT, TOEFL, or
IELTS, depending upon the degree and university.
* Enrolling for the GRE or GMAT by June or July or three months before the test
date would be the best option.
* We advise you to register at least a month before the test date for English
language competency tests such as IELTS or TOEFL.
* Sit for the required exams around September, and please plan for an
intermediary time if you need to retake the tests.

STEP 3: : Apply to the colleges and universities on your list. The application
time is between August to April.

Here's what you should consider:

* You need to prepare well for your application. It's crucial to include your
strengths and self-appraisal in your letter honestly.
* You must contact your professors and direct managers to get at least 2 to 3
reference letters a month before your application due date.
* The next part is to draft your Statements of Purpose (SOPs) and essays. We
advise you to give it a month to structure these documents properly.
* Apply way before the due date or deadline.

STEP 4: If selected, you will get acceptance letters and interview details via
email from March to April.

Here are a few things to consider:

* Avoid unnecessary delays in replying to college emails. Also, please note
that you will get a few emails, so respond to all of them appropriately.
* You may need to appear for video or personal interviews, usually scheduled
around January to March.
* Once you receive acceptance letters, make your choice as soon as possible.
* To confirm your seat or spot at the university, you have to pay a
non-refundable deposit.

STEP 5: The next step is to apply for a Student Visa and education loan between
May and June.

Here are some tips for your benefit:

* You can search for and apply for external scholarships (if required). You
will not need it in most cases, as American universities provide many
scholarships. You will indeed be eligible for one of them in your
institution.
* You can apply for a student loan after receiving your acceptance letter to
aid your education further.
* Gather all the documents and apply for the U.S. Student Visa as early as
possible because it takes time to process your application.

STEP 6: Book your flight tickets and fly between July and August.

Here's what you need to plan to avoid a rush:

* Book airline tickets.
* It is essential to get an international debit or credit card.
* Gather all the documents and photocopies you need to take to the U.S.
* Check out a pre-departure checklist and ensure you are ready to go to
America.

STEP 7: Arrive in the U.S.

7. Which intake is the best to apply to U.S. universities?

Fall intake is optimal for U.S. university applications due to greater course
options and funding availability.

8. Is GRE mandatory to apply for Fall intake?

GRE optional for most Fall U.S. university applications; Yet some university
requires. But in can be waived by securing scholarships.

9. Where will I get a recommendation letter? How many LOR will I need to submit?

Universities require 2-3 LORs: high school teachers for undergrad applications,
college professors for Master's/PhD programs. LORs provide crucial academic
insights from educators familiar with the applicant.

10. How many days will it take to get my I-20 after application?

The processing time for an I-20 form typically takes four to five weeks after
the university receives all required documents, although this duration may vary
depending on the specific institution.

11. What are the essential documents needed to apply to U.S. universities?

● Resume/Curriculum Vitae.
● Transcripts and certificates.
● Passport Copy
● High school diploma or equivalent.
● Letters of Recommendation.
● Entrance Exam Scorecards—SAT/ ACT.
● English Language Proficiency Test Scores.
● Statement of Purpose.
● Bank Solvency and Statement (Last 6 months)

1. What is the minimum required score in IELTS for admission to a
college/university at the undergraduate level?

IELTS overall 6.0 with no less than 5.5 in each element.

2. What is the minimum required score in IELTS for admission to a
college/university at the post-grad level?

In general, a 6.5 IELTS score is required for postgraduate studies, though some
courses may have different English proficiency requirements.

3. Is IELTS mandatory for getting an offer letter/ I-20?

Not Mandatory, Students and also provide other English Proficiency Test Scores

4. Is IELTS mandatory for getting a visa?

IELTS is not mandatory to obtain a student visa.

5. Do I need an SAT/GMAT/GRE score to study in the U.S.?

For undergraduate admissions, SAT and ACT scores are required, whereas
graduate-level courses typically require GMAT, GRE, or MCAT scores, depending on
the program.

6. Does having high scores in IELTS positively impact getting partial/full
scholarships in the colleges/universities in the U.S.?

A high IELTS score can certainly help students getting a partial/full
scholarship.

7. A high IELTS score can certainly help in this regard.

Individuals who hold an International Baccalaureate degree or have previously
studied English may be eligible to apply for a U.S. study visa without taking
the IELTS exam.

8. Can I get admission to ESL programs?

Yes, you can.

9. Can I apply to U.S. universities with a Duolingo Score?

Yes, you can use Duolingo scores for university admissions. While most
universities require high scores of 120 or above, some major U.S. institutions
consider students who have scored at least 90 on the Duolingo English Test,
which is generally the minimum acceptable score.

1. How many universities can I apply to as an international student?

Even if you have set a clear goal to attend a particular university, it is
always best and wise to apply to at least three institutions, potentially in
different states.

2. How much is undergraduate tuition in the U.S.?

The average annual tuition fee for undergraduate programs ranges from $8,000
to $20,000.

3. How much are the tuition fees for a master's program in the U.S.?

$15,000 to $25,000 per annum.

4. When to pay semester fees? Before or after getting the visa?

It depends on the university.

5. How can I pay my tuition fees?

You have to open a student file with a bank.

International Wire Transfer - The tuition fees are directly sent to the
university's account from the bank if the student has taken an education loan;
otherwise, students can directly deposit the tuition fees into the wire transfer
account of the university from their personal account, if they are self-funding
for their studies.

Forex Card - Students can use a Forex card to make payment of tuition fees;
however, the processing fees and exchange rates may vary.

6. What other fees must a student pay besides tuition?

There are two types of costs you need to consider. CoA (Cost of Attendance)
includes tuition fees and other charges such as books and equipment. Living
costs include accommodation, food, laundry, bills, and socializing.

1. How much is an international student's living cost per year in the U.S.?

The estimated living cost for an international student in the U.S. is
around $10,000 to $18,000 annually, which averages around $1,000 to $1,500 per
month. This includes accommodation costs, food, travel, textbooks,
weather-appropriate clothing, and entertainment expenses.

2. What is the best place to live in? University dorm/ Off campus?

Living off-campus can be cheaper than university housing. Private apartments are
usually quieter, have fewer distractions, and are therefore better for studying.
Besides, you can have more freedom, privacy, and space. Having a rental history
will make getting a place easier after graduation.

1. Can international students do part-time jobs in the U.S.?

Your U.S. student visa allows you to work on-campus for up to 20 hours per
week during school and full-time during school break periods (up to 40 hours per
week).

2. Can I work off campus during my stay as an international student?

F-1 students may not work off-campus during the first academic year but may
accept on-campus employment under certain conditions and restrictions. After the
first academic year, F-1 students may engage in three types of off-campus
employment: Curricular Practical Training (CPT)

3. Can a student pay tuition fees and living costs by working part-time in the
U.S.?

Yes, for sure. You can take up part-time jobs while studying in the U.S. and try
to save as much as you can, and if everything goes well and you can save a large
amount of money, you will be able to pay your next semester or next year's fees
by yourself.

4. What jobs are available for international students in the USA?
* Teaching Assistant.
* Library Assistant.
* Campus Ambassador.
* Research Study Assistant.
* Peer Mentor.
* Preparing or serving food in the campus cafeteria
* Maintaining computer labs
* Working in a fitness center, and more.

1. How much money must I pay for all the fees before getting a visa?

Application fee – Based on University’s Requirement

Visa/Embassy Fee - $185 (Non-refundable)

SEVIS Fee - $350 (Non-refundable)

2. What are some common questions asked in the visa interview?

Visa interview questions may vary from person to person. Below are some common
questions that the visa officer may ask.

* How many universities did you apply to?
* Why did you choose X university?
* Why did you choose this program?
* Who is your sponsor?
* Do you have a travel history?
* What is your plan after completing your degree?

3. Can I reapply for a visa after getting rejections?

Yes, you can reapply. However, in case of 221(g) refusals, you must submit a new
visa application and pay the visa application fee again to restart the process.

4. What are the reasons behind visa rejection?
* Not following the visa rules
* Incomplete/insufficient travel itinerary
* An insufficient explanation for the purpose
* Travel document discrepancies
* Delayed application
* Insufficient funds
* Incomplete application form
* Information mismatch
* Criminal record
* Poor visa interview
* Insufficient ties with the home country
* Fake documents
* Documents in regional language
* Ineligible sponsor
* Invalid travel insurance
* Unfavorable previous travel history

5. How important is a travel list to get a U.S. visa?

Travel history is not an essential or required document/condition for obtaining
a visa, but having a good travel history can increase your chance of visa
approval.

6. What documents should I carry for the visa interview?
* A printed copy of your appointment letter
* Your DS-160 confirmation page,
* One photograph taken within the last six months
* Your current and all old passports.
* Bank statement for the U.S. visa. It is required as proof of sufficient
funds.

7. Can I face a visa interview with my spouse/kid?

A parent may accompany their child to the interview if their child is below 18.

1. What minimum credits will I need to enroll for the semester?

At most colleges, you have to take 15 credits or five classes for undergraduate
programs. However, it can vary from school to school.

2. Can I switch universities after a semester?

Yes you can change universities after completing one semester

3. Can you transfer your F-1 visa to another school?

An F-1 student can transfer to another school or program of study.

4. Will I get a work permit after graduation? If yes, then for how many years?

Yes, international students can stay in the United States after graduation
to experience the job market. All majors are eligible to receive one year of
Optional Practical Training (OPT), in which they can work for one year with a
work permit. Students with STEM degrees are eligible for three years on OPT.

5. What benefits do OPT and CPT have?

OPT (Optional Practical Training) offers international students the opportunity
to gain valuable work experience in their field of study for up to 12 months
after graduation, with STEM graduates eligible for an additional 24-month
extension

CPT (Curricular Practical Training) enables international students to engage in
work experiences related to their field of study while still enrolled in their
academic programs.

6. How can I get a job after completing my degree?

Start early. Consider your job search while you are still in college

1. Focus on your job search
2. Write a strong resume
3. Create a professional online presence
4. Use your college as a resource
5. Keep learning
6. Network

Get an internship

1. How much funds do I need to show to study for an undergraduate/postgraduate
program in the U.S.?

You must show one year of tuition fees and living costs.

2. How long should the money be kept in the bank account before facing the visa
interview?

It is safe to show bank statements for the last six months.

1. Who can be my sponsor?

Only one of your first-degree relatives can be your sponsor. First-degree
relatives include parents, siblings, and children.

2. Can a relative already living in the U.S. be my study sponsor?

Blood relatives are also allowed to be your sponsor. Please mention in the
DS-160 form how they are related to you.

3. Will my visa chance increase if my parents/siblings reside in the U.S.?

The closer the relationship, i.e., parents, siblings, spouse, etc., the more
likely you will get a visa.

4. What financial documents should I carry for the visa interview?

Financial documents/proof of funding Include:

* Personal funds: Bank statements in your name showing the account balance.
* Loan certificates/letters (must indicate your name and the approved loan
amount.
* Private sponsors, including parents (must show both of the following):
Sponsor's bank or other financial statements.

1. Can I get a full/partial scholarship in the U.S.?

World-class universities and colleges in the U.S. provide partial scholarships
for international students as financial support for their studies. Scholarships
are given only to students who have excelled in their studies.

2. How can I get a scholarship to study in the U.S.?

There are thousands of scholarships available to students each year, awarded
based on several factors such as academic performance, athletic ability,
artistic talents, volunteering in an organization, unique background, and much
more.

1. Can I take my spouse and children to the U.S.?

F-1 and M-1 students are eligible to bring their spouses and children who are
unmarried and under 21. They will enter the U.S. with an F-2 visa.

2. Can my spouse get a job while staying with me during my studies?

U.S. visa regulations do not allow F-2 dependents to work in the United States.
J-2 dependents are allowed to work in the U.S. with proper authorization.

1. What items should I take with me?

To maximize your luggage space and stay within weight limits, pack
strategically. Avoid filling your bags with items that are easily obtainable in
the United States.

1. How much service fee do you charge?

We Charge $1000 for Both Undergraduate and Masters Applicants.

1. What is an H-1B?

H-1B is an employment-based, employer-sponsored nonimmigrant status that allows
a non-citizen immigrant to work within the United States for up to six years who
lives within or outside of the USA. The six-year period can be extended
incrementally if the employee has an approved I-140. There are different
categories of H-1B; Regular Cap, H-1B Masters Cap, and H-1B Cap Exempt. To apply
for the H-1B visa, you must have an employer willing to sponsor your petition.
It is also known as 'H-1B specialty occupation', meaning you must have the
educational background and/or specialized knowledge and skills in the related
field to qualify for the position.

2. What are the minimum educational qualifications required for the H-1B
application?

You must have at least a Bachelorette Degree to be eligible for applying for an
H-1B visa. The degree can be outside of the USA, such as an accredited degree
from anywhere in the world that will qualify for the position. However, an
advanced degree (Master's or Ph.D.) may be necessary, depending on the position
you are applying for.

3. Can an Associate Degree i.e. a community college degree be considered a
Bachelor degree in this context?

The answer is No. Your community college degree is not complete until you
complete your associate degree from an associated university. So, technically it
will not qualify for the position.

4. What kinds of occupations qualify for H-1B status?

A broad range of professional occupations qualifies for H-1B status. Generally,
professional-level occupations and academic in engineering, biological,
physical, social sciences, mathematics, and business administration will be
eligible for H-1B.

5. Who is eligible to obtain H-1B status?

H-1B status is available to a person who has been offered a temporary
professional position by a U.S. employer. A bachelor's degree or higher in a
related area is the minimum educational level required for a position to qualify
for H-1B status, and the H-1B employee must have the degree (or higher) normally
required for such position.

6. Am I eligible for H-1B status since I have a bachelor's degree?

Not necessarily. The job itself must require a bachelor's degree or higher in a
specialized field. Or your employment experiences in the related field can be an
asset too. You must then have (speciality occupation related) degree to qualify
for H-1B status.

7. What are the steps you need to follow to obtain an H-1B visa?

The first step is getting a job offer from a US-based company. The second step
is to apply for the H-1B registration or lottery. The third step follows only if
you get selected in the H-1B Registration process. After getting selected,
employer needs to apply for the H1B petition.
There are two steps in the H-1B petition:
i) Application for the Labor Condition Application, and
ii) application for I-129.

8. How long does it take to obtain the H1B status from the registration to the
approval of I-129?

Each year, USCIS announces the dates for H1B registration, usually opening the
registration window in March for about two weeks, though this period can be
extended at USCIS's discretion. While there's no set date, the H-1B lottery
registration typically begins in the first week of March. For the most accurate
and up-to-date information, it's best to keep an eye on the USCIS website.

If you're selected in the lottery, you'll have three months, from April 1 to
June 30, to submit your petition. During this time, you'll also need to get a
certified Labor Condition Application (LCA), which is necessary for the H1B
petition. The LCA process generally takes 5-7 business days.

After submitting your complete petition, USCIS usually takes about 4 to 6 months
to approve it, though premium processing can speed this up to 15 working days.
So, the entire process typically spans from March 1 to October 1.

9. How much does obtaining the H1B status cost, and who will pay for it?

The H-1B visa process involves certain Government Filing fees set by USCIS,
which can change from time to time. If you decide to hire an attorney, their
fees will vary depending on the attorney.

Employers are required by law to cover the primary costs associated with the
H-1B petition process. For cap-based H-1B processing, there's a $215
registration fee for the H-1B lottery. If selected, the fees for filing an H-1B
petition depend on the size of the employer's business.

* For employers with fewer than 25 employees:

* I-129 filing fee: $460
* Fraud Detection and Prevention fee: $500
* Asylum Program fee: $300
* American Competitiveness and Workforce Improvement Act (ACWIA) fee: $750
* For employers with 25 or more employees:

* I-129 filing fee: $780 (for paper filing) / $730 (for online filing)
* Fraud Detection and Prevention fee: $500
* Asylum Program fee: $600
* American Competitiveness and Workforce Improvement Act (ACWIA) fee: $1500
* Cap-exempt entities do not have to pay the Asylum Program fee or the ACWIA
fee.

If you want a prompt response from USCIS, you may opt for premium processing by
paying $2805 USD for Form I-907 which will enable you to get a response from
USCIS within 15 days.

To get the most accurate fee information, please check the USCIS website.
Additionally, you will need to cover any attorney fees if you choose to hire
one.

10. Is there any wage requirement for H-1B status?

Yes, there are certain wage levels determined by the Department of Labor (DOL)
for every ZIP code area in the U.S. It depends on your place of employment. So,
the employer hiring an H-1B worker must have documentation to prove and then
must certify to the U.S. Department of Labor (DOL) that it will pay the H-1B
employee the prevailing wage or the actual wage, whichever is higher. The
prevailing wage is determined by the DOL for every wage level that your employer
is willing to hire you. The rule is that your employer must pay you either the
same as the prevailing wage or higher, but it can never be less. The employer
makes these declarations, under penalty of perjury, by submitting to DOL for
certification a form called a "Labor Condition Application" (LCA).

11. H-1B Registration Process Timeline [Dates may vary depending on FY]

FY 2025 timeline:

March 6: H-1B registration period opens at noon (12 PM) EST.

March 25: Initial closing date was 22nd March 2024. However, USCIS extended the
deadline by three days to March 25th, 2024, to account for the outages and
issues faced by employers.

March 26 -March 31: Date by which USCIS announced the lottery selection results.

April 1: The earliest date that FY H-1B cap-subject petitions may be filed.

June 30: The last date to submit your final H-1B, I-129 petition.

12. What documents are required from the employer to hire an H-1B worker?

A certified Labor Condition Application (LCA) from DOL, supporting documents to
prove that they can bear the wage of the employee, i.e., annual reports,
financial statements, marketing documents of the company, and Form I-129, and
G-28, signed by the authorized signatory of the employer.

13. Can you apply for Premium Processing for the H1B petition?
Yes, you can. In that case, the employer must file Form I-907 along with I-129,
G-28, and G-1145. The I-907 premium processing fee is $2805 for the FY
2023-2024. It may vary every year. For the update, please follow the USCIS
website.

14. What is the H-1B "cap"?

The H-1B cap is the annual limit set by the U.S. Congress on the number of new
H-1B visas issued, which includes 65,000 visas under the regular cap and an
additional 20,000 for applicants with a U.S. master's degree or higher.

15. What is H-1B Cap Exempt?

Universities and related nonprofit entities, nonprofit research organizations,
and government research organizations are exempt from the cap. These employers
are able to submit an H-1B application to the USCIS at any time during the year
without concern for the fiscal year limit. They do not need H1B registration
selection. However, a person who works for an H-1B cap-exempt employer who
changes jobs to an employer that is not exempt may become subject to the H-1B
cap and have to go through the H1B registration process to change the employer
who does not qualify under the Cap exempt rules.

16. Can I obtain an H-1B while residing outside of the U.S.?

Yes, an employer can apply for the H-1B on your behalf while you are residing
outside of the U.S. Once you get an approved I-129, you can apply for the H-1B
visa stamp at a U.S. Embassy/Consulate in your residing country and enter the
U.S. in that status.

17. Can my place of employment be my home while applying for the H-1B petition?

Yes. It definitely can.

18. Can I change jobs after I get my H-1B?

Yes, you can. However, there is a fine line. H-1B is an employer-specific
status. It permits an H-1B status holder to work only for the employer that
filed the petition. If you decide to change employers, the new employer must
apply for the H-1B on your behalf. This is called H1B Transfer. Your employer
must have a certified LCA and file the I-129, G-28, and G-1145 like a new
petition.

The H-1B is also position-specific. Therefore, if your H-1 B employer wishes to
significantly change your job duties or other conditions of employment after
securing approval of your H-1B petition, the employer must submit an amended
petition to the USCIS. In both of these cases, under certain conditions, you MAY
be eligible to be paid in the new position after the employer has received the
USCIS receipt notice for the H-1B petition (this is called "H-1B portability").

19. When should I apply for the H1B transfer?

From leaving your current employer to joining a future job, you have a 60 days
time period, which is known as the "Grace period." The 60 days time period timer
begins the day you leave your current job. The new application must be received
by the USCIS within this grace period.

20. Do I need an approved H-1B transfer to get paid in my new job?

No, you can start working any day within these 60 days grace period (after a
petition is properly filed to and received by the USCIS). Therefore, you do not
need an approved H-1B transfer to get paid. Your employer can issue your
paycheck from the date of Form I-129 receipt notice from the USCIS.

21. Is H-1B status the only way I can qualify to work in the U.S.?

No, you may be eligible for other types of nonimmigrant (temporary) status that
would allow you to work in the United States, such L-1, O-1, E-2, R-1 etc. An
immigration attorney can advise you about the eligibility requirements for these
immigration categories.

22. What is the role of an attorney in the H-1B petition process?

From the registration to the approval of Form I-129, H-1B is a very complicated
and delicate process. You may apply for the registration by yourself/company,
but you must need an attorney to guide you while applying for the H-1B petition.
An attorney can help you, and the employer presents the best case for approval
of the H-1B status application to the USCIS. However, an attorney cannot
guarantee the success of an H-1B application, nor can an attorney obtain an H-1B
for an unqualified person. In many cases, an attorney may be able to determine
in advance whether or not your position and credentials would qualify for an
H-1B.

23. What status would my spouse and children have when I am granted H-1B Status?

Dependents of H-1B status holders (legal spouse and children under age 21) can
apply for H-4 status. H-4 status holders are allowed to study full-time or
part-time in the United States without the need for additional permits. To work,
H-4 dependent needs to obtain an Employment Authorization Document (EAD) depends
on some certain condition. For more information, please visit the USCIS website.

1. What is Asylum?

Asylum is a form of protection granted to individuals who can demonstrate that
they are
unable or unwilling to return to their country because of persecution or a
well-founded
fear of persecution on account of:

● race,
● religion,
● nationality,
● membership in a particular social group,
● or political opinion.

The right to seek asylum was incorporated into international law following the
atrocities
of World War II. Congress adopted key provisions of the Geneva Refugee
Convention
(including the international definition of a refugee) into U.S. immigration law
when it
passed the Refugee Act of 1980.

2. Who is an Asylum Seeker?

Generally, an asylum seeker is someone who has fled their home in search of
safety and protection in another country. Because he or she cannot obtain
protection in their home country, they seek it elsewhere. Asylum seekers may be
of any age, gender, socio-economic status, or nationality—though the majority
come from regions of the world that are suffering from conflict, disaster, and
weak rule of law. If you apply for asylum in the US, then you are an asylum
seeker. On the other hand, “asylee” is the term used in the U.S. for people who
have been granted asylum. Under U.S. immigration law, a person granted asylum is
legally allowed to remain in the country without fear of deportation. They
qualify to work, travel abroad, and apply for their spouse or unmarried children
under the age of 21 to join them.

3. Is Seeking Asylum Legal?

Yes, seeking asylum is legal—even during a pandemic. Asylum seekers must be in
the
U.S. or at a port of entry (an airport or an official land crossing) to request
the
opportunity to apply for asylum.

During the COVID-19 pandemic, epidemiologists and other public health experts
have
made clear that asylum seekers and their children can be safely processed at the
border using public health measures.

4. How Do I Apply for Asylum?

In the affirmative asylum or defensive asylum processes, to apply for asylum,
you must
complete a Form I-589, Application for Asylum and for Withholding of Removal.
There
are six grounds for Application for Asylum and for Withholding of Removal:

1. race,
2. religion,
3. nationality,
4. membership in a particular social group,
5. or political opinion
6. torture convention

5. To Whom is Asylum Granted?

Asylum is granted to people who are unable or unwilling to return to their home
country because of persecution or a well-founded fear of persecution on account
of race, religion, nationality, membership in a particular social group, or
political opinion. One can obtain asylum if he is in the United States legally
or illegally; or refugee status if outside of the United States.

6. How Long Does It Take to Get a Decision for Asylum?

The USCIS aims to make a decision on your asylum application within 180 days.
During
this time, you will be required to have your fingerprints taken and attend an
interview at
one of the eight asylum offices.

7. Do I Have the Right to Work?

Asylum seekers do not automatically have the right to work. You may apply for a
work permit, or “Employment Authorization Document,” (EAD) 150 days after you
have applied for asylum.

If approved, you will be eligible to receive your work permit 180 days after you
have applied for asylum. If you are given a “recommended approval for a grant of
asylum” before the 150 days, you can apply for a work permit immediately.

8. How Long Must an Asylum Applicant Wait Before Qualifying for an EAD?

You may file an EAD 150 days after you filed your asylum application under the
category of pending asylum applications. You are eligible to receive an
Employment Authorization Document (EAD) once your asylum application has been
pending for a total of 180 days.

9. Can I Apply for a Social Security Number?

Asylum seekers can apply for a SSN. Usually an asylum seeker applies for SSN
while
applying for the EAD.

10. To What Benefits May I Be Entitled After I Am Granted Asylum?

Asylees are eligible to apply for certain benefits, including an Employment
Authorization
Document (EAD), an unrestricted Social Security card, cash and medical
assistance,
employment assistance, and a Refugee Travel Document.

11. What Will Be My Status After I Am Granted Asylum?

You will have asylee status. You will receive an I-94 Arrival and Departure
record
documenting that you are able to remain indefinitely in the United States as an
asylee.
You will be authorized to work in the United States for as long as you remain in
asylee
status. You may obtain a photo-identity document from USCIS evidencing your
employment authorization by applying for an Employment Authorization Document
(EAD). You will also be able to request derivative asylum status for any spouse
or child
(unmarried and under 21 years of age as of the date you filed the asylum
application, as
long as your asylum application was pending on or after Aug. 6, 2002) who was
not
included as a dependent in your asylum decision and with whom you have a
qualifying
relationship. This means that you will be able to petition to bring your spouse
and/or
children to the United States or allow them to remain in the United States
indefinitely
incident to your asylee status.

12. What Does It Mean to be Referred to Immigration Court?

This means that the asylum officer was unable to approve your asylum application
and
you are not currently in valid status. You will receive charging documents that
place you
in removal proceedings in Immigration Court. Your asylum application will be
referred to
the Immigration Court for an Immigration Judge to decide during the removal
proceedings.

13. When Will I Be Notified About the Decision on My Asylum Claim?

In most cases, you will return to the asylum office where your interview was
held two
weeks after the interview to pick up your decision. However, there may be longer
processing times if you were interviewed at a district office, are currently in
valid status,
or if your case will be reviewed by Asylum Division Headquarters staff. You will
generally receive the decision by mail if any of these circumstances occur.

14. Can Asylum Seekers Bring Family?

Yes. Your spouse and unmarried children under 21 years of age may be able to
obtain
derivative asylum status. You may ask to have them included in your asylum
decision if
they are in the United States; or if you are granted asylum, you can petition to
bring
them to the US. (This must be done within 2 years of you being granted asylum).

15. Can Children Under the Age of 18 (Minors) Apply for Asylum by Themselves?

You may apply for asylum with USCIS as a minor if you:

* Are under 18 years old;
* Want to have your own case separate from your parents;
* Are not in immigration court proceedings.

You may apply for asylum with USCIS as an unaccompanied child, even if you are
in immigration court proceedings if you:

* Are under 18 years old;
* Have no lawful immigration status in the United States; and
* Have no parent or legal guardian in the United States available to provide
care and physical custody

Asylum officers will consider your asylum claim if you filed your application
with an asylum office and you meet the criteria above. If you are in immigration
court proceedings, you must attend your immigration court hearings and should
follow the Immigration Judge’s instructions, even if you have filed for asylum
with an asylum office.

16. Can I Register My Child in School?

In the U.S., every child, regardless of their immigration status, has the right
to a free
public education kindergarten through grade 12. If you are the parent or
guardian of a
child under the age of 18, by law you are required to send your child to school.
Some
states require school attendance only through age 16. Visit your state’s Board
of
Education website for more information.

17. Can I Get a State Identification (ID) Card?

Each state makes its own rules as to whether asylum seekers are allowed to get
state
IDs. If you are eligible to apply for a state ID, call your local Department of
Motor
Vehicles (DMV) office to know what documents you will need to bring. Depending
on
your state, you may also be allowed to get a driver’s license.

18. I Live Overseas and I Suffer Persecution. Can You Help Me File for Asylum?

Asylum can only be filed if you are currently in the United States and
preferably within
one year of your entry into the U.S. If you require assistance from overseas,
you would

need to file for refugee status through a referral to the U.S. Refugee
Admissions
Program (USRAP) for consideration as a refugee.

19. What if I did not apply for asylum within one year of arriving in the United
States?

You may still file your application after one year of coming to the U.S. and
qualify for an
exception to the one-year deadline if you can prove that you were unable to file
within
the one year because of exceptional circumstances (changed or extraordinary
circumstances).
If the individual establishes that it is more likely than not that his life or
freedom would
be threatened on account of their race, religion, nationality, membership in a
particular
social group, or political opinion, that person may be eligible for withholding
of
removal or deferral of removal. Individuals who satisfy the torture requirement
may be
eligible for withholding of removal or deferral of removal under the Convention
Against
Torture.

20. Can I Still Apply for Asylum if I Am in the United States Illegally?

Yes. You may apply for asylum with USCIS regardless of your immigration status
if:

* You are not currently in removal proceedings
* You file an asylum application within 1 year of arriving in the United States
or
demonstrate that you are within an exception to that rule.

21. Can I Apply for Asylum Even if I Was Convicted of a Crime?

Yes, but you may be barred from being granted asylum depending on the crime. You
must disclose any criminal history on your Form I-589, Application for Asylum
and for
Withholding of Removal, and at your asylum interview. If you do not disclose
such
information, your asylum claim will be referred to the immigration court and may
result in
fines or imprisonment for committing perjury.

22. When Will I Need to Be Fingerprinted?

USCIS will send you a notice to go to a USCIS Application Support Center (ASC)
to
have your fingerprints taken after we receive your asylum application. You are
exempt
from the fingerprinting fee and do not need to submit a fingerprint card. Your
spouse
and children will also need to be fingerprinted if they are between 12 years and
9
months of age and 79 years of age.

23. What Happens if My Child Turns 21 Years Old After I Have Filed My Asylum
Application?

Your child will continue to be eligible as a dependent on your asylum
application if they
turned 21 after you filed your application and while it remains pending.

24. What Is the Fee to Apply for Asylum?

There is no fee to apply for asylum.

25. How Long Does the Affirmative Asylum Process Take?

A decision should be made on your asylum application within 180 days after the
date
you filed your application unless there are exceptional circumstances.

26. Can Anyone Help Me with My Affirmative Asylum Interview?

You have a right to bring a lawyer or representative to your asylum interview
and to
immigration proceedings before an immigration court.

27. What if I Don’t Speak English?

You must bring an interpreter if you do not speak English fluently. The
interpreter must
be fluent in both English and a language you speak and must be at least 18 years
old.
USCIS does not provide any interpreters during the asylum interview. The
following
people cannot serve as your interpreter:

● Your attorney or representative of record,
● A witness testifying on your behalf at the interview,
● A representative or employee of your country.

28. Can I Submit a Document That is Not Written in English?

If you have a document that is not in English, you are required to provide a
certified
translation of the document in English.

29. What if I Need to Travel After I’ve Applied for Asylum?

If you applied for asylum and have not yet received a decision, you should not
leave the
United States without first obtaining advance parole. Advance parole allows
certain
individuals to return to the United States without a visa after traveling
abroad. If you
leave the United States without first obtaining advance parole, we will presume
you
abandoned your asylum application. Advance parole does not guarantee that you
will
be allowed to reenter the United States.

To obtain advance parole, you must file Form I-131, Application for Travel
Document.

30. Is the Information I Provide on My Application Protected?

Yes, asylum-related information may not be shared with third parties without the
asylum
applicant’s written consent or the Secretary of Homeland Security’s specific
authorization.

31. If I Am a Child, Can I Still Apply for Asylum?

Yes. For more information on children applying for asylum, see the Asylum
Procedures
for Minor Children page from the USCIS website.

32. Do I need to Go to My Immigration Court Hearing Even if I Don’t Have an
Attorney?

Yes. If you fail to attend your Immigration Court hearing, the Judge may order
you
removed from the United States. At your hearing, you can ask the Judge for more
time
to find a lawyer.

33. I Received Asylum. Can I Apply for a Green Card or Citizenship?

If you are granted asylum, you may apply for a green card (also known as lawful
permanent residence) one year after the date upon which you were granted final
asylum
status. Generally, a green card holder can apply for U.S. citizenship after 5
years of
continuous permanent residence. Since asylees’ green cards are backdated one
year,
they can apply to naturalize four years after obtaining permanent residence.

NIW
EB-2
1. What is the EB-2 with National Interest Waiver?

2. Is There Any Difference Between a Regular EB2 and an EB2 with National
Interest Waiver?

3. Who Can Apply for an EB2-NIW?

4. What Does an EB2-NIW Waive Off?

5. What Are the Educational Requirements for an EB2-NIW?

6. Who Qualifies for an EB2-National Interest Waiver?

The following individuals are eligible to apply for an EB2-NIW:

* A foreign national who meets the educational requirements, and
* A foreign national who meets the three-prong test in the Matter of
Dhanasar decision is listed below:

LoR (Letter of Recommendation)
1. How many LoRs are required for the I-140 petition?