Green Card Through Marriage Timeframe

Unlike many other immigration benefits, you can apply for a green card through marriage to a U.S. citizen (aka adjust status to a U.S. permanent resident) even if you have unlawful presence in the U.S. or you have overstayed a visa. However, there are limited circumstances where you may not eligible to apply for a green card through marriage to a U.S. citizen.

The following two marriage green card application examples are taken from two recent cases in New York City. Please keep in mind that both cases were prepared and filed by an attorney experienced with family based immigration law matters.

The applications submitted in these cases were the following: I-130 Immigrant Petition & I-485 Adjustment of Status, I-765 Work Authorization, and I-131 Advance Parole. The biometrics appointments for both cases were conducted at 201 Varick Street and the interviews for both cases were conducted at 26 Federal Plaza.

Example One

• May 12, 2009: All applications sent via Federal Express for overnight delivery to USCIS, Chicago
• May 13, 2009: All applications received by USCIS, Chicago
• May 19, 2009: Receipts issued by USCIS for the following applications: I-130, I-485, I-765, & I-131
• May 25, 2009: Notice issued by USCIS providing the place, date, and time for the biometrics appointment
• June 9, 2009: Biometrics appointment
• June 26, 2009: Advance Parole approval issued
• July 6, 2009: USCIS Notice for Interview Request issued providing the place, date, and time for the interview
• July 6, 2009: Work authorization issued
• August 28, 2009: Interview for adjustment of status (stamp placed in passport)
• September 14, 2009: Green Card received in the mail

Example Two

• June 26, 2009: All applications sent via Federal Express for overnight delivery to USCIS, Chicago
• June 29, 2009: All applications received by USCIS, Chicago
• July 1, 2009: Receipts issued by USCIS for the following applications: I-130, I-485, I-765, & I-131
• July 7, 2009: Notice issued by USCIS providing the place, date, and time for the biometrics appointment
• July 24, 2009: Biometrics appointment
• August 12, 2009: USCIS Notice for Interview Request issued providing the place, date, and time for the interview
• August 18, 2009: Advance Parole approval issued
• August 25, 2009: Work authorization issued
• October 19, 2009: Interview for adjustment of status (stamp placed in passport)
• November 2, 2009: Green Card received in the mail

Please keep in mind that both of these cases were fully prepared and filed by an experienced immigration attorney. Regardless of your situation, competent legal counsel is important through all parts of the marriage based green card application process and therefore it is strongly advised that you work with an attorney experienced in these matters before moving forward. A green card through marriage is a highly sought after U.S. immigration benefit and something that should be pursued with great care.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Benefits of having a Polish (EU) passport

Since Poland's accession to the European Union in 2004, there has been an increase of interest among people of Polish descent in obtaining a Polish passport. Polish citizenship makes it possible for them to reside, study, own property and gain employment in the European Union countries.

As a Polish citizen, you can live and work in any of the EU countries and enjoy free public health care and education. You can also gain access to preferential investment loans, employment schemes and you don't have to stand in the "Others" queue at airports!

Confirmation of Polish citizenship can be daunting, as those who have tried doing it by themselves will tell you! While the general rule is that if you have Polish ancestors then you are already a citizen of Poland, there are any number of reasons why your citizenship may have lapsed. This is why the Polish government requires you to confirm your citizenship before you can apply for your Polish passport.

Do you think that confirming your Polish citizenship is simply a matter of getting in touch with the Polish government? Think again! Confirmation of Polish citizenship can be challenging, frustrating and time consuming.

Confirmation of citizenship is an administrative and not a legal process so don't get sucked in by lawyers who will charge you an arm and a leg for the simplest of tasks.

The key to success is to check whether you are eligible in the first place, gather relevant documentation and submit it in the right way, to the right department in Poland. It requires your commitment and full cooperation but if you leave it to the experts, the journey, whilst long and at times frustrating, will lead to a successful conclusion.

How do you tell whether you are eligible?

Unfortunately, the answer to the question above isn't simple. The Polish citizenship legislation, whilst very liberal and generous, is also quite complex. This is why establishing eligibility is essential at the very beginning of the process so that your application doesn't end in refusal, frustration and loss of time and money.

Some of the factors that the Polish government takes into consideration include the ancestors' year of birth, nationality of the second parent/grandparent, foreign military service, acquisition of foreign citizenship, conscription age of the father/grandfather of the applicant, holding of public office but most of all, available documentation proving all of the above. In some cases, because of the Polish legislation, siblings from the same parents may or not be eligible, depending on their gender and year of birth.

The onus is on the applicant to provide sufficient evidence and proof of citizenship and, as a general rule, the more documents issued by the Polish government are submitted, the better your chances. Other documents, such as International Identity Cards, Refuge Cards, Red Cross documentation and archival documents from Australia can also be accepted.

The fundamental part of the process is to gather information and all available documents, and check whether you are actually eligible. Some families may be reluctant to explore their past, as many of them are victims of trauma so it is important to treat their stories and lives with respects. Often, we can provide you with tips on how to approach them in a sensitive way, as your ancestors will often hold the key to your EU passport, that is documentation as well as information on their past.

Obtaining a Polish passport is a 2 step process:

1. Confirmation of Polish Citizenship
File containing your family's documents proving your ancestry needs to be put together. Everything has to be prepared in the Polish language, then submitted for assessment by the authorities in Poland. Most applications are processed within 12 months from the day of lodgment, though some do take longer.

2. Application for Polish Passport
To apply for your Polish passport, you will need your certificate of Polish citizenship and your Polish birth certificate (yes, even if you were not born in Poland!).
Feel free to email me if you have any other questions!
Yours sincerely
Eva Hussain
Polaron Language Services

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Getting your PR – A Guide for International Students (Part 4) Choosing the Right Course for your Occupation

If you are studying in Australia, it is important to ensure that your qualification will be suitable for skills assessment – preferably in a 60-point occupation. Below are some tips for selecting a course which gives you a good chance of passing assessment in the most common 60-point occupations

1. Accounting – 60 Points, MODL, CSL (if 7 min in IELTS)


If you wish to pass assessment as an accountant, you will need a degree, masters or graduate diploma which covers at least 9 of the 12 core accounting subjects. The core accounting subjects cover topics such as accounting theory, financial accounting, cost and management accounting, auditing etc, but also more general topics such as business law, information systems, statistics, economics and finance. This means that even if you do not have a major in accounting, it may be possible to pass assessment as an accountant.
Choices for courses in Australia will depend if you already have a bachelor degree from your home country:

• Bachelor of Commerce (Accounting): would take 3 years
• Graduate Diploma or Masters: would take 12-18 months if you already have a degree

2. Trades - 60 Points, MODL


Trades commonly studied in Australia include cooks, bakers, hairdressers, carpenters, horticulturists and graphic pre-press. You would need to have an Australian certificate III in the trade, along with 900 hours of work experience to qualify for assessment in the trade. In practice, the 900 hours of work experience is the most difficult aspect:

• Relevant experience can count, even if it is not at the fully skilled level (eg kitchen hand experience can be counted towards the assessment as a cook)
• However, by the end of the 900 hours, you must be working at the fully skilled level. This is particularly difficult for some occupations, eg hairdressing, where it may take many years to reach the skilled level
• The work experience cannot form part of your course requirements
• Voluntary or unpaid work experience can count towards the 900 hours, but it is difficult to evidence
• Payslips are the best evidence of work experience hours
• You will also need a detailed reference which gives exact details on tasks & duties and tools & equipment used

Teaching - 60 Points, MODL, CSL (Secondary School)


You will need to have either:

• 4-year bachelor of education; or
• Bachelor degree, plus one year of specialised teacher education

If your teaching qualification is completed in Australia, you are exempt from the usual English language requirements for teachers (7 minimum score in Academic IELTS).

If you already have a bachelor degree, it may be possible for you to complete a 1-year graduate diploma in education and so pass assessment as a teacher. Most Masters qualifications are not suitable for assessment, as they do not have the required 6 weeks of supervised teaching practice.

4. Information Technology - 60 Points, MODL, CSL (if 12 months experience in MODL area)


If you complete qualifications in Australia, you would be exempt from the usual 4-8 year work experience requirement for IT professionals. You will need one of the following Australian qualifications:

3-year degree majoring in IT; or

3 Semester Masters or Graduate Diploma in IT; or

2 Semester advanced Masters or Graduate Diploma in IT (if you already have a degree in IT)

5. Nursing and Allied Health - 60 Points, MODL, CSL


Occupations in this category include Nursing, Pharmacists, Occupational Therapists, Physiotherapists, Radiographers. Unless your qualifications are from certain countries, it is very difficult to pass skills assessment in these occupations – they also require very high levels of English. However, they are occupations in which it is possible to find employment relatively easily in Australia as there is a severe shortage.

It is much easier to pass skills assessment by completing Australian Qualifications:

• Bachelor degree: generally 3-5 years of study
• Bachelor conversion course: common particularly in the case of overseas trained nurses
• Master degree: generally 2 years of study and a very good option for pharmacists and occupational therapists

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Getting your PR – A Guide for International Students (Part 3) Choosing the Right Course

Many international students wonder what the best course is to choose if they are interested in staying on permanently after they finish. We have compiled a list of our top 5 tips in making the choice:

1. Study Something You are Genuinely Interested In


Many students are tempted to study a course only because it improves their chances of qualifying for permanent residence. This is in general not a good idea for the following reasons:

• Study in Australia is expensive – you might as well study something which is going to be useful to you in your future career
• It’s very difficult to pass a course you have no interest in
• You obtain extra points if you work in your occupation after completion of your course

2. 2 Years Study


To get the full benefit of study in Australia, you will need to complete a course or courses which are registered for at least 92 weeks on CRICOS. If you are studying a one-year course, you may consider studying a second year to complete the 2 years of study, but the courses must be closely related to your occupation

3. Closely Related Studies


There are a couple of issues to consider in looking at closely related studies:

• The subject matter needs to be relevant to your occupation; and
• The level of the qualifications needs to be appropriate to your occupation

In terms of subject matter, the Department of Immigration is relatively flexible when it comes to generic business and IT courses – for example if you are studying a trade such as hairdressing, it may be possible for you to count business studies on the basis that the business studies will be useful to you in starting a business as a hairdresser.

In terms of the level of the qualification, you can run into trouble if your qualifications are at a very different level – for example, if you do a certificate qualification in hairdressing, then do a Masters in IT, the Department of Immigration may not accept that a Masters level qualification in IT will be useful to you in your career as a hairdresser.

4. Right Qualification Level
Only the following qualifications can be counted towards the 2 year study requirement:

• Degrees: this includes Bachelor degrees, Graduate Diplomas, Masters and PhDs
• Diplomas: generally this would be a 2-year qualification
• Trade certificates: Certificate III or higher in a trade occupation (Group 4 in ASCO)

Completion of the following qualifications would not in themselves suffice for the 2 year study requirement:

• Graduate Certificates (In general, these are 6-month courses and are equivalent to half a graduate diploma)
• Associate Degrees (2 year qualifications leading towards a degree)
• Certificates I and II in trade occupations (eg Certificate II in Hairdressing)
• Certificates I, II, III and IV in non-trade occupations (eg Certificate IV in Business)

However, if you have completed lower qualifications on the way to completing a qualification which can be counted, the period of study at the lower level might be counted towards the 2 year study requirement. For example, if you have completed a Certificate IV in Business and this gave credits towards completion of a Diploma in Business, then it may be possible to count the time taken to compete the Certificate IV towards the 2 year study requirement.

5. Masters or Honours Years


If you are completing a bachelor degree in Australia, then you may consider completing an honours year or masters qualification after you finish. This could give you 10 additional points, but you need to be aware of the following:

• The total period of study in Australia needs to be at least 3 years
• The masters or honours year needs to be at least 12 months
• If your degree is awarded at the honours level (eg law, engineering), this can also give you the 10 points
• The honours needs to be at the 2nd Class, First Division level or higher
• All qualifications need to be closely related

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Getting your PR – A Guide for International Students (Part 2) Skills Assessment

Many international students studying in Australia dream of one day becoming permanent residents and staying on in Australia for good. The most common pathway for students is to apply for General Skilled Migration on completion of their studies.

Whilst there is a lot of information on immigration on the internet, sometimes it’s difficult to figure out in practice what your chances are and what you need to do next. You could ask a friend who has applied before, but the rules change so quickly that this can be dangerous. As the processing time for General Skilled Migration gets longer, chances are you won’t find out that you’ve made an error in your application for a year or more after lodgement.

This guide is intended to provide an easy to follow outline of the main things international students need to be aware of in applying for General Skilled Migration.

Nominated Occupation


The first decision you will need to make is which occupation to nominate in your application. You will need to pass skills assessment in this occupation. Your occupation must be on the " target="blank">skilled occupations list. You will be awarded a certain number of points for your occupation – either 40, 50 or 60 points.

Choosing the right occupation is very important for the following reasons:

• You have to be able to pass skills assessment in the occupation
• To lodge an “onshore” application and stay in Australia during processing, you must nominate a 50- or 60-point occupation
• Your studies must be “closely related” to your nominated occupation
• Some occupations are in demand for state nomination, which makes the application much faster and more likely to succeed

To apply for skills assessment, you must make an application to the relevant assessing authority for your occupation. The assessing authority will then evaluate your qualifications and in many cases work experience and give an assessment as to whether your skills are suitable for migration in your occupation.

40- and 50-Point Occupations


These occupations are assessed based on qualifications only:

• 40-point occupation: this in general requires you to have a qualification at the level of an Australian diploma
• 50-point occupation: you would need a qualification equivalent to an Australian degree

It may seem strange, but the assessing authority is only interested in the level of the qualification for 40- and 50-point occupations. The actual subject matter of the qualification and your work experience does not matter for assessment in these occupations.

60-Point Occupations


Requirements for 60-point occupations vary widely depending on the occupation:

• Trades (eg cook, hairdresser, graphic pre-press): you either need to have an Australian certificate III plus 900 hours of relevant work experience, or overseas qualifications and a significant amount of work experience
• Accounting: you need a degree covering at least 9 of the 12 core accounting subjects, or membership of a recognised overseas accounting body
• Computing/IT: you would need a degree, masters or graduate diploma in IT from an Australian university. If you have overseas qualifications, you would need at least 4 years and in some cases up to 8 years of work experience
• Teaching: graduate diploma in education, or overseas qualification and high level of English (7 in Academic IELTS)
• Nursing: degree in nursing, plus high level of English (7 in Academic IELTS)
• Manager: 5 years of experience at a very high level of management

Timing of Skills Assessment


The timing of skills assessment will depend on whether you are applying for an onshore skilled visa or an offshore skilled visa. For offshore skilled visas, you must have a positive skills assessment before you apply for the visa.

For an onshore skilled visa, you need to have lodged your application for skills assessment before you apply for your visa. The skills assessment does not need to be finalized before you apply, but you will need a positive skills assessment before you can be granted the visa (even for the skilled graduate temporary visa).

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

How do I apply for a Fiance Visa?

Author: Rachel Immig

A Fiance Visa, also known as the K-1 Visa, allows the foreign fiance or fiancee of a U.S. citizen to enter the United States and marry the US citizen within 90 days. After marriage, the spouse can apply for an adjustment of status to permanent residence.

The Fiance Visa application process is a multi-stage process that needs a lot of organizing and tracking of different forms.

Initially, the U.S. Citizen has to file a petition with the US Citizenship and Immigration Services (USCIS) using the Form I-129, Petition for Alien Fiance(e) and Form G-325A, Biographic Information. The foreign fiancee will also need to fill out a form G-325A. The information supplied on this form can be used by the government to do a background check of the fiance(e).

The US citizen will receive the Notice of Action from the USCIS acknowledging that the petition has been approved. When he/she receives this notice depends on the processing time taken by the service center at which the fiance visa was filed. The approved petition is forwarded to the National Visa Center which in turn will forward it to the foreign fiancee's embassy, as listed in the I-129F, Petition for Alien Fiance(e).

Once the U.S. Consulate receives the NVC notice of the approval of the Fiance Visa petiton, it will send foreign fiance(e) an interview notice, some additional fiance(e) visa forms and instructions. The forms and the instructions vary among Consurlates. (Usually it contains Form DS-156, DS-156K, DS-230). The Fiance(e) Visa application will include a medical exam by a doctor approved by the US consulate or USCIS. On the day of the interview, the fiance will be expected to arrive at the Consulate with the forms and documents as mentioned by the Consulate. This should also inclued Form I-134 (which has been filled by the US citizen sponsor and sent to the fiance.)

Within a few days of attending and being approved, the fiance(e) will receive from the Consulate a visa to enter the United States. The fiance(e) has 6 months to enter the United States. The Fiance(e) Visa is a thick, sealed envelop that must be presented to a U.S. Border official unopened. The border official will stamp the fiance(e)'s passport with the K-1 Visa and give him/her an I-94 card showing the 90 days duration of the visa. Children below the age of 21 may be eligible to accompany the applicant on a K-2 Visa.

The foreign fiance(e) should start working on the “Green Card” application as soon as he/she arrives in the United States. USCIS expects the foreign fiancee to file it before the 90 day expiration of his/her fiance(e) visa. If a “Green Card” application is approved then the foreign fiancee will be given conditional residence.

The Conditional Resendence status means that the status will expire in two years after which the USCIS will take a second look at whether the marriage is indeed real (bona fide) before it allows the foreign fiancee to stay permanently. To remove the conditions on the residence, the conditional resident will need to submit a petition - Form I-751, Petition to Remove Conditions of Residence) to USCIS. This petiton has to be submitted within 90 days of the date of expiration of the conditional residence status.

When the petition is approved, the applicant becomes a lawful permanent resident. Further down the road, the permanent resident can apply to become an American citizen through naturalization.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

TN Visa or H-1B Visa - A Canadian Quandary

Canadian citizen professionals often find themselves in a bit of a quandary when initially researching the various U.S. immigration work visa options available to them. Assuming that they are not transferring from a Canadian company to its U.S. office, and therefore the L-1 visa is not available to them, Canadian citizen professionals typically find themselves contemplating the TN visa and H1B visa and the differences or similarities between the two.

TN Visa Overview
The TN Visa is a nonimmigrant work visa for professional workers who are citizens of Canada and Mexico and whose specific occupations appear on the schedule created by NAFTA (Appendix 1603.D.1 of NAFTA). Please see the following link for an overview of the specific occupations and required education and/or experience from the schedule created by NAFTA: TN Occupation List. The TN visa is particularly beneficial for Canadian citizens as they can process their applications directly at a port of entry without obtaining prior USCIS approval or without going to a consulate for a visa stamp.

H1B visa Overview
The H-1B Visa is a nonimmigrant work visa under the Immigration & Nationality Act, section 101(a)(15)(H), for professional workers from all over the world that allows foreign nationals to be temporarily employed in the U.S. in a specialty occupation. A specialty occupation is defined as requiring theoretical and practical application of a body of highly specialized knowledge in a field of "human endeavor." Some common occupation categories are as follows: computer and internet technology, marketing, law, accounting, finance, mathematics, architecture, engineering, sciences, medicine, education, business, arts, public relations, various technology fields, fashion, etc. With the exception of fashion models, the H1B visa r
requires at a minimum the attainment of a bachelor’s degree or its equivalent and state licensure if required.

TN visa v. H1B visa
When deciding between the TN visa and the H1B visa, a Canadian citizen may want to consider the following details.

Visa Duration: H1B visa is granted in three year increments for a max period of six years (unless a labor certification has been pending for at least one year or he/she has an approved I-140). Thereafter, an H1B visa holder must leave the US for at least one year in order to avail himself or herself of more time on the H1B. In addition, any time spent on the L-1 Visa is also counted towards the six year period. TN visa is granted in three year increments for an unlimited period of time.

Ease of Obtaining: The H1B visa can only be obtained after an employer files a Labor Certification Application and submits a lengthy I-129 application to USCIS regarding the details of employment. The TN Visa can be obtained directly at a port of entry with a detailed letter from the employer concerning the position and evidence from the Canadian citizen concerning how he or she qualifies for the position.

Timing - Initial applications: Unless the H1B employment will be at a non-profit research organization or a university, you can only initially apply for the H1B visa on April 1st. You can apply for a TN visa anytime during the year.

Start date - initial applications: Unless your H1B employment will be at a non-profit research organization or a university, you cannot start working any earlier than October 1st, following the April 1st application date. You can start working in the TN status as soon as your application is approved at a port of entry.

Quotas/Lotteries: The H1B visa has a max quota of 65,000 every year for the regular category and 20,000 for the master’s degree category. When this cap fills up as it always has in recent prior years, there is an H1B visa lottery. The lottery means that some people who apply and qualify for the H1B visa will not get it due to the large number of people applying, as some applications will not make it through the lottery. There is no quota or lottery at all with the TN visa. If you apply and qualify and have presented a professionally prepared application then you will receive the TN visa (also assumes you don't have any grounds of inadmissibility).

Government Filing Fees - Initial applications: At a minimum, the H1B filing fees are a total of $820 for those who will be working at a non-profit research organization or university. At a maximum, the H1B filing fees are a total of $2,320 for those who are working at a company with more than 25 full-time employees. This
doesn't include the $1,000 for premium processing. The TN visa has a government fee of $56.

Renewals/Extensions: Unless a Labor Certification Application has been pending for a year or more or you have an approved I-140, the H1B visa can only be renewed for a max of six years. In theory, the TN can be renewed indefinitely.

Dual intent: The H1B visa allows for dual intent, which means an individual in H1B status or an individual applying for an H1B visa can have immigrant intent, i.e. they can have intent to reside permanently in the U.S. and apply for a green card. One cannot have an immigrant intent when either applying for the TN visa or while in TN visa status.

Transition to a Green Card: The transition to a green card can appear at first glance to be problematic for a TN visa individual because of the fact that the TN visa doesn't have dual intent, unlike the H1B visa status. However, there are ways around this issue without transitioning to the H1B visa status. One of the ways which has been successfully used by many individuals is to consular process their green card in Canada as opposed to adjusting their status in the U.S. If one is in the H1B status, they can adjust status to permanent residency inside the U.S.

Conclusion
As you can see from the above, the TN visa is quite favorable to Canadians who fall within one of the occupation categories of the visa. For the most part, it's much more sensible than the H1B visa. One of the only few perceived advantages of the H1B visa is the dual intent aspect, but, contrary to popular belief, one can properly navigate the dual intent issue in the TN status with the assistance of effective and experienced legal counsel.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Getting a Green Card Through Marriage to a U.S. Citizen

Most people are aware that applying for a green card through marriage to a U.S. citizen is one of the fastest ways of obtaining a green card in the United States. Unlike most other U.S. immigration matters, a foreign individual can apply for a green card through marriage to a U.S. citizen, assuming he or she is inside the U.S., even if he or she has unlawful presence in the United States or has overstayed a visa. However, there are limited circumstances where one may not be eligible to apply for U.S. permanent residency through adjustment of status.

One is eligible to apply for a marriage based green card by means of adjustment of status if he or she is inside the U.S. and is otherwise eligible. Some individuals are not eligible for adjustment of status. For example, the following types of individuals are not eligible for adjustment of status in the U.S.: 1) a foreign national who entered the United States without being inspected; and 2) a foreign national who entered the U.S. as a D-1 or D-2 Crewman (there are other circumstances which may also bar one from adjustment of status as well).

The first stage of the adjustment of status marriage based green card process is for the United State’s citizen spouse to submit an I-130 Immigrant Relative Petition on behalf of the foreign national spouse. The I-130 petition establishes the family relationship between the U.S. spouse and the foreign spouse.

The second step is for the foreign spouse to submit an I-485 Adjustment of status application either simultaneously with the I-130 petition or anytime after the I-130 has been sent and/or approved. Typically, most I-485 applications are submitted at the same time as the I-130 petition. In addition to the I-485 application, the foreign national will have to have a medical exam conducted by a USCIS designated surgeon who will complete an I-693 form as part of the medical exam. The I-693 must be submitted with the I-485 as part of the marriage green card application.

In addition to the medical exam, an Affidavit of Support must also be submitted with the marriage green card application. The Affidavit of Support is a highly important part of the application and must be completed by the U.S. spouse regardless of his or her income. The idea behind the affidavit of support is that the United States government does not want the foreign spouse to become a "public charge" (receive government assistance or welfare in the United States). If the affidavit of support requirements are not met through either the sponsor or a joint sponsor, then the application for adjustment of status will not be approved. The affidavit of support is a legally enforceable contract obligating the U.S. citizen spouse and any joint sponsor to financially support the foreign spouse under certain circumstances.

If the U.S. citizen does not meet the income guidelines for affidavit of support, which is common, then either a joint sponsor will be required or, in some cases, the income and/or assets of the foreign spouse can be used. The usual situation is that a joint sponsor is used and that person also completes an Affidavit of Support application in addition to the U.S. citizen spouse. A joint sponsor can be any U.S. citizen or permanent resident (green card holder) and he or she need not be related to either the U.S. citizen spouse or the foreign national spouse.

The Affidavit of Support is a long term commitment by all who sign it. It is legally enforceable by the U.S. government for any means-tested public benefits utilized by the sponsored foreign spouse. The obligation to support the foreign spouse ends when the foreign spouse becomes a United States citizen, has earned 40 work quarters (equivalent to approximately 10 years of working), dies, or permanently leaves the United States.

As part of the adjustment of status process, the foreign spouse will be allowed to apply for work authorization and advance parole while the application is pending. Work authorization will give the foreign spouse legal authority to work in the U.S., while advance parole can be used to travel outside of the U.S. while the adjustment of status application is pending. If you travel outside of the U.S. while your adjustment of status application is pending before receiving advance parole, you will have abandoned your adjustment application, unless you are in H-1B or L-1 status.

After filing the applications receipt notices will be issued by USCIS confirming receipt of the applications. In addition, a biometrics appointment will be scheduled for the foreign national spouse. There will also be a wait (approximately 45-90 days) for work authorization and advance parole. Shortly thereafter, a notice will arrive scheduling an appointment for an interview, which is the last step of the process.

Many dread the green card interview, whether it's because of rumors heard from others, information obtained online, or just general fear of dealing with the government face to face. If you have entered your marriage in good faith, are well-informed regarding the interview process, and have all the necessary supporting documents, you have nothing to fear with a well-prepared case. It is important to work closely with your lawyer prior to the interview to make sure you are well-prepared for the interview and that you have gathered all the necessary supporting materials.

In the case of a marriage green card application, it is highly important that both spouses fully understand their particular case and the steps involved in the process. Competent legal counsel is important through all parts of the application process and therefore it is strongly advised that you work with an attorney experienced in these matters before moving forward. A green card is a highly sought after U.S. immigration benefit and something that should be pursued with great care.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

A Complete Guide to Applying for the USA Green Card Lottery

The Green Card Lottery, officially called Diversity Visa Lottery Program is a lottery for people who come from countries with low rates of immigration to the United States. Each year 50,000 immigrant visas are made available through this program. If permanent residence is granted, then the individual will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States.

How does one participate in the Green Card Lottery?
You must meet the requirements, fill out an online form, and email a digital photo to DVLottery.org, who will then submit your application to the U.S. Government.

What is the processing fee and how can I pay it?
The US Government does not charge an application fee. To assure that your Green Card Lottery application is prepared correctly and submitted on time, DVLottery.org charges a nominal fee to cover administrative and processing expenses incurred in conjunction with the careful preparation and submission of every lottery application. The fee will vary depending on whether it is a single application (unmarried person WITHOUT children), or family application(legally married couple with or without children, AND single parents).

How can a married couple increase their chances of being selected?
If you are married, you must submit a "family application". To increase your chances, you and your spouse can each file separate applications. On one application, the husband is the primary applicant, and on the other application the wife is the primary applicant. Submitting separate applications doubles your chance of winning the lottery. To file a dual application, both you and your spouse should meet the lottery requirements. You must then file separate applications and pay the processing fee individually.

By applying for the Diversity Visa Lottery Program, will this affect any other visa applications?
Normally not, since this is a separate application process, although if you are applying for a another type of visa at the American embassy/consulate in your country, you might be asked if you have also applied for the Green Card Lottery.

Do you need my supporting documents with my Application?
No, supporting documents (i.e., birth, marriage, education certificates, etc.) only need to be produced if you are selected in the Green Card Lottery. You will receive further instructions at that time. If I am selected in the Green Card Lottery, how long will it take before I can emigrate to the USA? On average, the process takes about 6 to 12 months.

I'm eligible to apply but I'm currently living in an ineligible country - can I still apply?
Yes, as long as you meet the eligibility requirements (country of birth and education), then you may apply from anywhere in the world.

For how long is a US Green Card valid?
It is valid indefinitely as long as you maintain your US residence. In other words there is no time restriction on how long you may stay in the USA.

If I get my US Green Card, may I also get US Citizenship?
You may apply for US Citizenship after 5 years of continuous residence in the USA. Application for citizenship is optional.


How Can I Find Out If I Won?
Only the winners will be notified by mail at the addresses listed on their applications. Winners will be sent instructions and information on fees. Being selected as a winner in the Diversity Visa Lottery does not automatically guarantee that you will be issued a visa, even if you are qualified. The number of entries selected is greater than the number of immigrant visas available because not everyone selected will be qualified for the visa or will choose to complete the processing. Once all 50,000 visas have been issued, the Diversity Visa Program for the year will end.

Do I qualify to enter the Green Card Lottery?
An applicant must be able to: I) claim nativity in an eligible country, AND II) must meet either the education or training requirement.

Is there a minimum age to apply?
There is no minimum age. However, the education or work experience requirement for each principal applicant at the time of visa issuance will effectively preclude most people under 18 from applying.

What is the correct photo size and specifications?
Each applicant, his/her spouse, and each child will therefore need a computer file containing his/her digital photo (image). The image file can be produced either by taking a new digital photograph or by scanning a photographic print with a digital scanner.

• The image must be in the Joint Photographic Experts Group (JPEG) format.
• The image must be either in color or grayscale; monochrome images (2-bit color depth) will not be accepted.
• If a new digital photograph is taken, it must have a resolution of 600 pixels wide by 600 pixels high, and a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale.
• If a photographic print is scanned, the print must be 2 inches by 2 inches (50mm x 50mm) square. It must be scanned at a resolution of 150 dots per inch (dpi) and with a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale.
• The maximum image size accepted will be sixty-two thousand five hundred (62,500) bytes.

May persons who are in the United States apply?
Yes, an applicant may be in the United States or in another country.

Ineligible Countries.
Each year, citizens of nations with large numbers of citizens immigrating to the United States are not eligible for the Green Card Lottery. For the DV-2010 Green Card Lottery, citizens of the following countries were not eligible:

• Brazil
• Canada
• China
• Colombia
• Dominican Republic
• Ecuador
• El Salvador
• Guatemala
• Haiti
• India
• Jamaica
• Mexico
• Pakistan
• Philippines
• Peru
• Poland
• South Korea
• United Kingdom (except Northern Ireland) and its dependent territories
• Vietnam

Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. It's expected that for DV-2011, these restrictions will not change much. Click Here To start your application.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic