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Category: Visas

Immigration To The USA, Visas

Visa Bulletin

December 13, 2013

logoVisa Bulletin

Author: New York Immigration attorney Alena Shautsova

January 2014 Visa Bulletin is here.

F2A category (children and spouses  of permanent residents) priority date is September, 2013; EB3 category for skilled workers priority date is April, 2012.
http://www.travel.state.gov/visa/bulletin/bulletin_6228.html

Family Based:

Family-SponsoredAll Charge -ability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
F108DEC0608DEC0608DEC0622SEP9301JUL01
F2A
08SEP13
08SEP13
08SEP13
01SEP13
08SEP13
F2B01JUN0601JUN0601JUN0601APR9401MAY03
F315APR0315APR0315APR0301JUN9301FEB93
F401OCT0101OCT0101OCT0101NOV9601JUL90

Employment Based:

Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC08DEC0815NOV04CC
3rd01APR1201APR1201SEP0301APR1215FEB07
Other Workers01APR1201APR1201SEP0301APR1215FEB07
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs		CCCCC
Visas

Waivers Of Inadmissibility

August 16, 2013

Waivers Of Inadmissibility: Permission to Come or Stay in the US

Author: New York Immigration attorney Alena Shautsova

Waivers of inadmissibility are applications that should be submitted to USCIS in order to perceive a permission to come or stay in the US after the violation of Immigration laws. There are different kinds of waivers for different kinds of violations. For example, some waiver, if granted, excuse the existence of criminal convictions; some excuse immigration misrepresentation/fraud; some excuse unlawful presence; etc.

All waivers can be divided into two big category: those that waive some condition with an immigrant visa/permanent residency application; and those that waive a condition for a non-immigrant visa application.
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Visas

Fiance Visa For Same Sex Couples

July 28, 2013

US Visa For Same Sex Couples

Author: New York Immigration attorney Alena Shautsova

In a Same Sex Couples Fiance US Visas related decision the U.S. Supreme court in United States v. Windsor, 133 S.ct. 2675,2695-96 (2013) held that section 3 of the DOMA is unconstitutional as a violation of the constitutional guarantees of equal protection and due process. See United States v. Windsor, 133 S. Ct. 2675, 2695-96 (2013).

In addition, the BIA in its decision Matter of Zeleniak, 26 I&N Dec. 158 (July 13, BIA 2013) held that:
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Visas

H1B Visa: Who Pays Legal Fees?

June 14, 2013

H1B Visa Fees

Author: New York Immigration attorney Alena Shautsova

H1B visa is one of the most common visas which are used to employ foreign workers in the U.S. It allows  foreign specialists from a variety of occupations to be legally employed in the US, as well as provides for a dependent status for their family members.

The process of H1B visa starts with an employee finding an employer in the US who is willing and able to hire the employee; is willing to sponsor the foreign worker; and wait for him/her to get appropriate documents. There are filing deadlines which start from April 1 each year.If  the employer’s petition is granted, an employee will be able to start employment on October 1 of the year the application/petition was filed. Sometimes, however, the adjudication of the petition takes much longer, and the start date understandably will be delayed.
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Visas

Unlawful Presence And Citizens Of Canada

May 20, 2013

Unlawful Presence For Canadian Citizens

Unlawful presence is usually starts to run when a person, who is not a US citizen or US permanent resident overstays their visa or authorized stay. It does not start to run for holders of D/S I-94s, such as F-1 or J-1 students, for whom a USCIS officer or an Immigration Judge has  not rendered a decision as to termination of their status and that they have to leave the country.

However, the question remains as to the validity of status for those who came in the US without a visa, such as citizens of Canada who come to the US without being formally “admitted.”
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Visas

F-1 Travel During Cap-Gap Extension

May 16, 2013

F-1 Travel During Cap-Gap Extension

Author: Alena Shautsova

Holders of F-1 status who applied for H1B change of status and were selected for the next fiscal year, have their status automatically prolonged until October 1: the first day when they can legally accept employment in H1B category.

Many of them, however, would like to visit their home country before they start the new work life. Can they do so and come back in F-1 status?
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Visas

Employee Visa News From US Embassy In Mexico

January 16, 2013

Expedited Visa Processing for Employees

New program to facilitate business relationship between the USA and Mexico has been implemented that will speed up visa processing for employees:

“The United States Embassy is pleased to announce the expansion of its Business Facilitation Program (BFP) that allows access to expedited visa processing for employees of qualifying firms traveling to the U.S. on company business. The BFP will provide time-saving benefits for businesses whose employees need to travel to the U.S., and highlights the United States’ commitment to deepening trade and economic engagement with Mexico.

The BFP is open throughout Mexico and is available at all U.S. Consulates and the Embassy.  The BFP requires interested firms to register with the U.S. Embassy’s or Consulates’ Consular Section.

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Visas

New Visas To Russia Will Be Cheaper And For A Longer Period Of Time

September 27, 2012

Author: US visa lawyer Alena Shautsova

Recently, the US and Russia came to an agreement that they both will simplify the application process for tourist and business visas to these countries. The agreement will enter into effect on September 9, 2012. Please see moscow.usembassy.gov/russian-visas.html. Russian citizens may visit ustraveldocs.com/ru/index.html for specific instructions on how to apply for a U.S. visa.

Basically, to get a tourist or business visa to the US, a Russian citizen will need to pay $20.00 for visa (it was $100.00). Note that the $160 fee for application will still apply. The visa will be good for multiple entries during 36 months.

The agreement was reached due to the cooperation between the US Secretary of State Hillary Clinton and Russian Foreign Minister Sergei Lavrov.

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.