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PDF Editor FAQ

What happens after the I-130 petition is approved?

It means that your claim to a certain category of classification of family based visa has been approved. Your petition will be sent to National Visa Centre for further processing where it is kept in a que. If the beneficiary belongs to any of the classification of immediate relative, a visa number is always available and you can file your affidavit of support and other documents. In other cases of family preference classification, depending upon the priority date i. e. when you have properly filed the I-130 and the Nationality of your alien relative, you will get further communication from the National Visa Centre for filing your Affidavit of support when a visa number is likely to be available. The principal immigrant beneficiary will be notified to file the required documents. Once this is done, the NVC schedules an interview at their local embassy and an immigrant visa may be granted at that time. There is a separate procedure for adjustment of status to permanent residence if your alien relative is already present in US on a different non- immigrant visa.Disclaimer: This is not a legal advise.Please consult a qualified attorney for proper legal advise.

What does it cost to become a legal immigrant of the US? We hear a lot about "illegals", but we hear very little about the actual costs associated with legal immigration. I've read that the various fees keep going up. Shouldn't this be discussed?

This depends on the immigrant’s category of eligibility.The least expensive process is probably the one for close relatives (such as a spouse or a child) of US citizens or permanent residents. First, the US person needs to file the petition for the foreign relative ( Form I-130, Petition for Alien Relative, $535, as per USCIS Fees). The alien, if he’s already in the USA (e.g. on a student or work visa) may then file Form I–485, Application to Register Permanent Residence or Adjust Status ($1,140), and would be required to be fingerprinted (Biometric Services Fee, $85), which brings the government fees to the total of $1,760. The alien would also need to pass a series of medical tests at an approved doctor’s office (“a civil surgeon”, as the gov’t calls them); the fees are set by the doctor and the lab, but something like $600 sounds about right. Depending on the family situation, the immigrant may only be granted a conditional permanent resident status, valid for 2 years, after which Form I–751 Petition to Remove Conditions on Residence ($595) needs to be filed.So something like $3,000 is a conservative estimate of the out-of-pocket costs for a family-based immigrant, assuming a completely DIY process without complications. This does not include the cost of obtaining (and, possibly, translating) various documents related to the alien and the US relative’s identity and family status, which they must attach to their Petition and Application (birth certificates, marriage certificates, divorce certificates from any previous marriages, police clearance from foreign countries one may have lived recently…). In some cases (e.g. sponsoring one’s child or sibling which happened to have been born in a country like Nigeria or Somalia or Kenya or Yemen), one may even be required to undertake a DNA test (at one’s own expense, of course), if birth certificates from a certain country are unavailable or are considered unreliable. A good thing about family-based immigration process is that the forms are comparatively simple, so if the applicant is comfortable enough with complex paperwork (imagine filing a tax return with half a dozen schedules), he or she can fill all forms by themselves. Those not comfortable with the DIY approach, or those who have had some previous problems (e.g. a visa overstay, or a criminal record) may prefer to hire a lawyer, which may set them back by a thousand (or a few thousand) dollars.Employment-based immigration is rather more expensive, as there are typically several stages to the process. (It starts with carrying out a highly formalized “employee search” process, when the employer advertises the position in a certain formal way, and then keeps track of applicants, in order to show that there was no US citizen willing and qualified to take the job. Then the Labor Certification paperwork goes to the Dept of Labor; only once that is approved, can the USCIS forms be filed). The total of the gov’t fees is likely higher than for the family stream, and the paperwork is typically handled by a law firm hired by the employer; Fragomen is one big name in this business. Their fees aren’t cheap: I recall that they were charging around $3,000 just for preparing a fairly simple application to extend someone’s temporary status (and that, really, could have been a DIY job, if the employer felt confident about doing such things by themselves). Since the employment-based immigration process takes several years, the employee typically works for the employer during this time on a temporary visa of some kind (or, perhaps, at the employer’s foreign branch). While the employer pays the gov’t fees and the lawyers’ fees, the employee is often required to sign an agreement with the employer requiring him to reimburse the employer for the estimated costs of the process if the employee leaves the employer soon after obtaining green card. The $20,000 estimate sounds about right there.One also has to consider that an employer isn’t likely to wait several years for a prospective employee to obtain his permanent resident visa to start his or her employment, which means that in the interim the employer probably will arrange for the worker to be employed with a temporary visa of some kind (such as H or E), which will cost several thousand dollars as well (in filing fees and lawyers’ fees).The most expensive category is business-based (EB-5, for owners of a business that employs at least 10 US citizens or permanent residents). The paperwork is a lot more voluminous, the gov’t fees are higher (e.g. I–526 Immigrant Petition by Alien Entrepreneur ($3,675) with I-485 Application to Register Permanent Residence or Adjust Status ($1,225), eventually followed by I–829 Petition by Entrepreneur to Remove Conditions, ($3,750)), and so are the lawyers’ fees. (One firm, probably fairly typical [Attorney’s Fees and Filing Fees], quotes $15,000 to 22,500 for the initial form, and $8,000 to 12,000 for the subsequent removal of condition form). There are of course other costs as well, such as various fees and charges related to the investment itself; those can run to $50,000 or more.Incidentally, the USA’s immigration/visa fees are not the highest in the world. Australia, for example, charges around AUD 7000 for a permanent resident visa for the spouse of a citizen ( https://www.homeaffairs.gov.au/Trav/Visa-1/801- ), or AUD 10,000 for a temporary residence visa (valid for 5 years) for a parent of a citizen ( Introducing the temporary sponsored parent visa: Frequently asked questions ). Compared to Americans, Australians apparently like round numbers…

What are some great ways to become a green card holder in the USA?

I have taken this straight from the USCIS page because asking these types of questions to the public can be misleading and you really do not want to mess your paper work up as it can delay or even in extreme cases have your access denied.Here is the link FYI good luck ! Bringing Spouses to Live in the United States as Permanent ResidentsBringing Spouses to Live in the United States as Permanent ResidentsFile Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.Outside the United StatesFile Form I-130, Petition for Alien Relative.When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.Green card holder (Permanent resident)Inside the United States (through lawful admission or parole)File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.Outside the United StatesFile Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.In order to bring your spouse (husband or wife) to live in the United States as a green card holder (permanent resident), you must be either a U.S. citizen or green card holder.How to Bring your Spouse to the United StatesYou are a:Your spouse is:Inside the United States (through lawful admission or parole)File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.Outside the United StatesFile Form I-130, Petition for Alien Relative.When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.Green card holder (Permanent resident)Inside the United States (through lawful admission or parole)File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.Outside the United StatesFile Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Military” section of our website.Required DocumentationTo complete the process, the petitioner must submit:Form I-130 (signed with proper fee), with all required documentation, including:Two completed and signed G-325A forms (one for you and one for your spouse)A copy of your civil marriage certificateA copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminatedPassport style photos of you and your spouse (see Form I-130 instructions for photo requirements)Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)If you are a U.S. citizen, you must demonstrate your status with:A copy of your valid U.S. passport ORA copy of your U.S. birth certificate ORA copy of Consular Report of Birth Abroad ORA copy of your naturalization certificate ORA copy of your certificate of citizenshipIf you are a green card holder (permanent resident), you must demonstrate your status with:A copy (front and back) of Form I-551 (green card) ORA copy of your foreign passport bearing a stamp showing temporary evidence of permanent residenceConditional Residence and Removing ConditionsIf you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. For more information, see the “Remove Conditions on Permanent Residence Based on Marriage” page.Case StatusTo check the status of your visa petition, see the “My Case Status” page.Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” page.If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before December 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the “V Nonimmigrant Visas” page.For more information on “Adjustment of Status” within the United States and “Consular Processing” overseas, see the corresponding link to the right.My Petition was Denied: Can I Appeal?If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the “How Do I Customer Guides”.Following-to-Join BenefitsThis section is for beneficiaries who became permanent residents through a preference classification.If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.Your children may be eligible for following-to-join benefits if:The relationship existed at the time you became a permanent resident and still exists, ANDYou received an immigrant visa or adjusted status in a preference category.If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:Form I-824, Application for Action on an Approved Application or PetitionA copy of the original application or petition that you used to apply for immigrant statusA copy of Form I-797, Notice of Action, for the original application or petitionA copy of your Form I-551 (green card)If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Direct such inquiry by sending an e-mail to [email protected] or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

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