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All you need to know about us visa and immigration
 

All you need to know about us visa and immigration

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    All you need to know about us visa and immigration All you need to know about us visa and immigration Document Transcript

    • ALL YOU NEED TO KNOW ABOUT US VISA AND IMMIGRATION (Source: Philippine Visa)CR-1 IR-1A valid marriage to a US citizen makes one qualified. But while these visas give a non-UScitizen the opportunity to be with his/her US spouse, they differ in terms of conditions attachedand privileges awarded. Hence, before applying for a visa, make an assessment of which of theoptions would be appropriate for you.Immigrant Visa Vis-a Vis Non-Immigrant VisaWhile US K3 Visa is a non-immigrant visa, CR-1 or IR-1 visa is a type of an immigrant visawhich may be granted to a foreign spouse of a US citizen or resident. Immigrant visa for aspouse is integrated in the US Immigration laws primarily to promote family unity. In fact,immigration priority can be enjoyed by the would-be applicants in this category and they do nothave to wait in line for a visa number to become available for them to immigrate to US. What’smore, Non-Immigrant visa for spouses is only valid for a temporary period of two (2) years andfor a particular purpose like tourism, medical treatment, business, temporary study or temporarywork. Immigrant Visa entitles the holder a permanent residence and an opportunity to work orstudy upon entry in the US without need to ask for employment authorization with the USCIS.This condition is essential in a non-immigrant visa.CR-1 VisaA two-year (2) Conditional Residence is the one you get if you have been married for less thantwo (2) years. Ninety days before your conditional residence expires, you and your spouse mustapply together to remove the condition of your residence and then apply for a permanent one.There may be an interview to determine the genuineness of the marriage. If found that it wasfraud, the green card may be lost and hence, the foreign spouse must leave the country.IR-1 VisaOn the other hand, you get a permanent residence card if the marriage is two (2) years old whenyou arrive in the US on an immigrant visa. The green card is valid for 10 years and is renewable.Bear in mind that only the green card has expiration and not your permanent residency.
    • Visa Application ProcessThe US citizen spouse should file a petition for Alien Relative in Form I-130 with the USCIS.The USCIS will then send the petition to the National Visa Center (NVC) for pre-processing andchecking. The NVC will determine if the documents are complete. In the event that therequirements are completed, the NVC will schedule the interview of the applicant. It will thensend the petition and the documents to the US Embassy where the applicant is located. It is at theUS Embassy where the conduct of the interview will be held. The consular officer may ask forfurther information and additional documents during the interview.The deciding factor on which visa will be issued is the amount of time that the spouses have beenmarried.Some of the important points to remember in the course of the application are:The deciding factor on which visa will be issued is the amount of time that the spouses have beenmarried.Some of the important points to remember in the course of the application are:  The spouses must be legally married. Mere living together does not qualify for an immigrant visa.  The sponsor must have a minimum age of 18 for the purpose of signing the Affidavit of Support.  The sponsor must have a principal residence in US where the spouses plan to live in the future. This is also for the purpose of providing Affidavit of Support.US Student VisaKnown for its advanced technological systems and a home to modern day philosophers, avolume of international students flock to the United States to gain more knowledge and advancein their field of expertise. Aware of this, the US issues student visas to accommodate the entry ofinternational students.Student visas explainedA student visa is issued solely for the purpose of pursuing education in the United States. Thisshould not be used to easily immigrate into the country. Stringent penalties await applicants whotry to manipulate and circumvent immigration laws.Currently, the US issues several types of student visas. The purpose of each visa varies anddepends on the academic program chosen by the applicant.
    • The F visaInternational students who will be pursuing full academic courses or programs, shall be issuedwith the F visa.The M visaIf the purpose is to pursue short and vocational courses, the appropriate visa that should besought is the M visa.The J visaOriginally issued to exchange visitors in the US, visitors may also use their J visas should theywish to enroll in a short course while inside the country.Visa eligibilityTo be eligible for the student visa, the applicant must present sufficient financial resources. Theymust demonstrate their ability to support their daily expenses during their stay.Aside from that, it is also important for the applicant to show that he has enough accommodationin the country.Since the three (3) student visas to US are categorized as non-immigrant visas, applicants mustexemplify their strong ties in the Philippines. They must be able to convince consular officersthat they shall return in the country upon the completion of their academic programs.A higher degreeSince the US student visa is prone to abuse, consular officers observe stringent measures inissuing an approval. Thus, to ensure the application’s success, applicants are advised not totake short courses most especially if they have already earned their degree. Consular officersmay question such intention, knowing that such programs are readily offered by Philippineacademic institutions. Students who are going for their Masters degree have higher chances ofbeing approved. Higher approval rates also await those who will be enrolling in courses thatcould be credited in their undergraduate studies.US Tourist VisaTo enter the United States solely for recreation purposes, a visitor initially needs to secure a UStourist visa. Once issued, this travel document proves that the individual has readily compliedwith the legalities of visa application and will less likely overstay.
    • Extreme caution should be observed when lodging visa requests since immigration laws areknown for its constant change. If caught off-guard, an applicant can be denied.Visa validityThis visa is valid for three (3) months. Yet, it is consular officers that determine its validityperiod. Depending on the applicant’s personal circumstances, authorities may grant a visathat is valid for as short as one (1) month.US tourist visa requirements – extensively explainedThere are only two (2) important major requirements that a potential visitor needs to satisfy andunderstand. These are―  Evidence of strong ties and  Evidence of sufficient incomeUnder the US immigration laws, every foreign visitor is presumed to be an “intendingimmigrant.― This means that every applicant, despite of their genuine intentions is perceivedto be a potential illegal immigrant. Thus, in order to overcome the burden of proof, theapplicant must present his strong ties in the Philippines.Strong ties are powerful and irrefutable reasons that would force an applicant to return to hishome country. Strong ties can be the individual’s  Employment  Dependent family members  Properties  Income-generating businesses  Membership in organizations etc.To illustrate how strong ties work, here is an example. Carol plans to visit her boyfriend insummer and plans to stay in the US for 3 months. She currently works as a marketing assistant inan advertising agency for two months. Can she use her employment status as one of her strongties?Yes, Carol can argue that she will return because of her corporate duties and responsibilities. Butthe bigger question in here is whether such evidence is enough to secure an approval.Unfortunately, employment records alone would never work. First of all, working for 2 monthsmeans that she is still under probation. Her employment record is too short. In an instant, she canleave her job. This is possible for there are employees who immediately resign after working fora month. The responsibilities that she handle may not be as compelling as the ones managed bytop executives and therefore, not strong enough to guarantee her return. Moreover, no employeeis permitted to stay for as long as 3 months for a simple vacation, unless she is a paid sabbatical.
    • With this regard, Carol should show more proof of her strong ties. She cannot solely rely on herwork for this is insufficient. The more evidence that she present, the higher is her approvalchances.Another major requirement that consular officers examine is the person’s financialcapabilities. Authorities will consider the individual’s resources to support his stay in theUnited States. An individual cannot depend on the US’ public funds to sustain their dailyexpenses. Due to this, when assessing one’s financial capacities, consider the followingaspects:  Travel expenses  Accommodation expenses  Emergency-related expensesThe interviewPreparing for an interview is a must for every applicant. This provides them the chance to statetheir travel intention. However, the applicant must ensure that his answers are supported bydocumentary evidence. For example, if he states that he owns a 3-hectare farm in Bataan, theland title should be present. An answer that cannot be supported by the necessary documentsinvites a denial.Indeed, a US tourist visa application is not as easy as many would often think. As a matter offact, this is the hardest US visa to attain.US Fiance VisaIssued to the foreign fiancée of a US citizen, the US k1 fiancee visa permits the foreign visitorto enter, get married and settle in the United States. Despite of granting residency rights uponsatisfying the visa’s condition, k1 is still categorized as a non-immigrant visa. Although theapplication is approved, this does not make the holder a permanent resident of the country.How the application is processedTwo departments are in-charge of assessing k1 visa applications, the US Citizenship andImmigration Services (USCIS) and the embassy in Manila. Both departments should approve thevisa request. Should the applicant fails to ensure the USCIS’ approval, the application cannotpush through. On the other hand, should the embassy refuses the visa request, one may appealthe decision or send a new application.Overall, the application processing takes six (6) to nine (9) months.Important requirements
    • Prior to formally lodging an application, the beneficiary (the visa applicant) and the sponsor (theUS citizen partner) must prove that they have personally met each other. Meeting over theinternet shall not be considered. Upon satisfying this condition, the following documents shouldbe prepared by the beneficiary:  A valid passport  Birth certificate  National Bureau of Investigation Clearance (NBI)  Passport photos  Results of the medical exam  Proof that the couple has met each other  Police clearance from places where the beneficiary stayed since she was 16 years oldAside from the above-mentioned requirements, consular officers may ask for additional formsand papers.Visa conditions—things you should rememberThe US k1 fiancee visa is a single-entry visa valid for ninety (90) days or three (3) months. Itcannot be used to freely enter and exit the United States. Due to this, the couple must get marriedwithin the said timeframe. The failure to do so leads to the visa’s cancellation. Thebeneficiary has no choice but to return to the Philippines.Meanwhile, if the marriage takes place within 90 days, the beneficiary needs to file for a statusadjustment. This will enable her to acquire residency rights in the US. The status adjustment mayor may not be approved. The applicant’s compliance with the provisions of her K1 visa ishighly instrumental in securing the green card.During the status adjustment, the beneficiary cannot return to the Philippines without obtainingthe advanced parole. Otherwise, the adjustment is considered abandoned. The visa is cancelleddespite of being married to the US partner. This leaves the visa holder with no choice but toreturn to the Philippines and apply for new visa.US Spouse VisaThe US k3 spouse visa is a multiple-entry visa issued to the foreign spouse of a US citizen. Thisis valid for two (2) years and requires the visa holder to apply for a status adjustment within thesaid timeframe. But while valid marriage already exists between the petitioner and thebeneficiary, the US spouse visa remains a non-immigrant visa. It does not automatically grantresidency rights.US k3 visa in action
    • The US k3 spouse visa is part of the government’s efforts to reduce or lessen the separation oftransnational couples. Once approve, the applicant still needs to file for an adjustment of status tobe an eligible green card holder. Usually, the application is lodged in the area where the marriagetook place. Thus, if the wedding was performed in the Philippines, the beneficiary (the foreignspouse) must lodge the application inside the country.Spouse redefinedMarriage alone does not make the foreign partner a “qualified spouse.” The marriage should bevalid. For those who have previous marriages that were not legally terminated or dissolved, theunion is considered null and void, therefore, making the beneficiary visa ineligible. Since there isno divorce in the Philippines, annulment should be sought.Basic requirementsHere is a list of the documents that an applicant needs to prepare:  Accomplished application form  Valid passport  Evidence of valid marriage  Medical exam  Evidence of the petitioner’s sufficient financial resources  Passport photo  Evidence of relationship  Police clearanceConsular officers may ask for additional documents if necessary.Bringing the dependentsDependents no longer need to file another visa application. The US spouse visa has a derivativeknown as the k4. This permits their unmarried children to join the said petition.Leaving the United StatesSimilar to the US k1 fiancee visa, spouse visa holders should not leave the US while they areadjusting their immigration status. But in emergency situations where their presence is badlyneeded, they should file for an advance parole. Otherwise, the adjustment is consideredabandoned.US Work Visa
    • A US working visa is necessary for a foreign national who wants to work in the United States.This certifies that the applicant possesses the right skills and complied with immigrationconditions to facilitate their entrySecuring the working visa entails an intricate process. All documents should be prepared prior tolodging an application.Types of working visas for temporary workersThere are two (2) types of working visas issued to temporary workers. These are the following:  H visa – It covers workers with specialty occupations. Usually, this involves workers that have obtained their bachelor degree. Temporary agricultural or non-agricultural workers are likewise covered by this visa. Trainees other than those who are under the medical or academic field also need this visa.  L visa – The L visa is exclusive to intra-company transferees or individuals who have been employed by a branch of a US-based company for three years and will be entering the United States for a managerial position.Basic requirements  Valid passport  Passport photo  Scholastic records  Labor certification  Language exam, if applicable  Employment contractThe need for an employerAll applicants must ensure that they are already accepted by a legitimate employer prior tosubmitting an application. If the application is lodged and the intending worker cannot supply aproof or evidence of employment, the application can be denied.Please visit VISA Manila For more details on VISA and IMMIGRATION.