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Delta5

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  1. Like
    Delta5 got a reaction from Greenbaum in F2b Visa   
    I respectfully disagree. A consular officer at the embassy does not just hold the issuance of a visa of an applicant for no reason. I'm not sure what " that's how they are " meant but, there is always a valid reason why a CO is holding an OP's visa issuance for review. These are professional foreign service officers and know what they are doing. Letting somebody immigrate to the US is a serious undertaking, especially after 911. Its surely not because some consular officer just felt like doing it for no reason, fun or even maybe just to get the applicant sweat it out for a few more weeks or months with some sort of a power trip.
  2. Like
    Delta5 got a reaction from missicy in california id w/o green card   
    Driver's license and State ID's are managed and controlled by each individual states and not by the Federal Government (National) unlike other countries. Oregon's state ID and DL rules are different from California and every state in the union. However, there are some parts of the rules that are the same in each individual states. Whats applicable rules w/ regards to ID to Oregon may not be necessarily applicable to other states. The reason for different designs and features of each individual states ID or DL cards.
  3. Like
    Delta5 got a reaction from Harsh_77 in EB5 Immigration and Girlfriend Dilemma   
    Let me try answering your last question first. I'm afraid you would not be able to sponsor your girlfriend to be fully employed if you are ever to be approved on the Eb-5 category investor visa. First, if she comes in on a visitors visa or even on a VWP for the purpose of getting a position in your company or any kind of business ventures, the USCIS will look at it as misrepresentation of her visa and probably would not be allowed to adjust status to any kind of work visa, whether its an immigrant or a non immigrant one.
    Second, it is also not possible to hire her on any kind of work visa for at least a couple years, because one of the requirement of the investor visa is hiring only qualified US citizen or legal permanent residents (10 or more) for the company. Remember, you will first get a conditional GC once approved and not the 10 year one, basically to see if you are able to fulfill all the requirements of the EB-5 category. Now, once you transition to a 10 year GC, then I believe you will be able to hire your girlfriend, if she is qualified under the immigration rule for a petition of a work visa.
    To your second question; Yes, she can join you for the application. However, each investor applying for the classification must meet the requirements for the Eb-5 separately, like for example the required minimum investment must be separate for each individual investor. This is basically saying "No piggy backing on the EB-5 category, unless its family". Remember, all your financial documentation, taxes (both current and past), all assets, business ventures and other essential info are subject to examination before approval to make sure everything are in the up and up, of which also applies to your girlfriend, if you decide to include her into this process as a co-investor. She must have a separate history of financial capability to invest.
    To your first question; Again, I'm afraid only a spouse and children are allowed to be a derivative beneficiary under the Eb-5 category. A marriage has to occur before the application in order to include the beneficiary spouse in the said immigrant category.
  4. Like
    Delta5 got a reaction from Brother Hesekiel in Visa j-1 holder applying for greencard?   
    A J-1 visa holder cannot really AOS to an LPR by filing for an I-485. It also cannot AOS into any kind of H visa like the H1b and even a visa like the L. Mainly, because of the restriction under the rule of HRR, which is simply the Home Residence Requirement established by section 221(e) of the INA, which states that certain J-1 visa holders are required to physically return to their home country for 2 years upon completion of their J-1 program. Unfortunately, a J-1 visa holder who have return home cannot also apply for any H, L or any kind of FB immigrant visa and yes, even with a K1 visa, until the 2 year requirement under the HRR have been satisfied. However, it can apply under the visas U, T, O, E and the student visa of F-1. It can also AOS with the mentioned visas.
    The HRR applies only if the J-1 holder is subject to the exchange program: if the program is funded by either the US or the home country, are under the specialized skills, or graduate medical education/training. In order to find out if your friend is subject to the HRR or not ....... check w/ your friend's program sponsor, check on page 2 of Form DS-2019 whether there is any indication about it or not such as subject to the 2 year residence restriction is checked off. Generally, such restriction are listed on this form and the participant is required to sign both of these papers to signify that he/she understand the conditions before applying for the J-1 visa. J-1 visa may also have a notation "Bearer is subject to 221(e)" or "Bearer is not subject to 221(e)." However, visa notation may not always be accurate.
    It is also possible the presence of notation or lack of it does not for sure indicate whether the person is subject to HRR or not. Whoever prepared the form or provided the visa may not have accurately noted it or the regulation may have change or the demand for a particular skill in a particular country might have change.
    If the HRR restriction does not apply to your friend, then he/she may apply to the following option; Family based immigration, if he has a USC or an LPR in the US who can petition him/her; An EB-1 category, an extraordinary or outstanding research/ professor; An EB2, work in a profession with advance degree or with exceptional ability; and EB3 for professional w/ a Baccalaureate degree that are essential and short supply in the US. The other non immigrant working visa will also be possible, especially the H1b visa as others have suggested. There are more details to these subject but its too long to put in one posting.
  5. Like
    Delta5 got a reaction from Harpa Timsah in VISA Waiver overstay/B2 visa application   
    I respectfully disagree. Applying a waiver for extreme hardship is one thing but approval is another. A visa, K1 or otherwise has to be denied first before any application of the waiver can be made. A 10 year bar is extremely difficult to overcome even with the waiver. Its hard enough to claim waiver of extreme hardship on family based petition let alone a K1, which by immigration rule and standard is still not classified as family based immigration. A fiance/e petition may lead to marriage but still not yet considered family. Again, proving extreme hardship, especially on a K1 is enormously difficult to justify at the consular office. Unfortunately, I have seen it denied so many times. OP definitely has the right to agree or disagree. Its OP's immigration problem not ours. Just sharing some info. I'm done.
  6. Like
    Delta5 got a reaction from Harsh_77 in VISA Waiver overstay/B2 visa application   
    I respectfully disagree. Applying a waiver for extreme hardship is one thing but approval is another. A visa, K1 or otherwise has to be denied first before any application of the waiver can be made. A 10 year bar is extremely difficult to overcome even with the waiver. Its hard enough to claim waiver of extreme hardship on family based petition let alone a K1, which by immigration rule and standard is still not classified as family based immigration. A fiance/e petition may lead to marriage but still not yet considered family. Again, proving extreme hardship, especially on a K1 is enormously difficult to justify at the consular office. Unfortunately, I have seen it denied so many times. OP definitely has the right to agree or disagree. Its OP's immigration problem not ours. Just sharing some info. I'm done.
  7. Like
    Delta5 got a reaction from Merrytooth in VISA Waiver overstay/B2 visa application   
    I respectfully disagree. Applying a waiver for extreme hardship is one thing but approval is another. A visa, K1 or otherwise has to be denied first before any application of the waiver can be made. A 10 year bar is extremely difficult to overcome even with the waiver. Its hard enough to claim waiver of extreme hardship on family based petition let alone a K1, which by immigration rule and standard is still not classified as family based immigration. A fiance/e petition may lead to marriage but still not yet considered family. Again, proving extreme hardship, especially on a K1 is enormously difficult to justify at the consular office. Unfortunately, I have seen it denied so many times. OP definitely has the right to agree or disagree. Its OP's immigration problem not ours. Just sharing some info. I'm done.
  8. Like
    Delta5 got a reaction from Harsh_77 in Best option for my situation?   
    I am not sure what work and travel program you are referring on your post. Can you clarify what you meant of a work and travel program? The closest I can think of is the J1 exchange program. Is this the work and travel program you are applying? Your qualification will depend on the USCIS or in the case of a J1 visa, which is under the DOS standard. You have to realize that since you already have a pending immigrant visa of which is an FB-1, not to mention you were a former green card holder. J1 visa is a non immigrant exchange program which is allowed to work on a very temporary basis only. Unlike other non immigrant working visas, Its not a dual intent with regards to legally working and future permanent residency. In other words, you cannot get a green card under this program. You will probably have a harder time than most people applying if we are talking about the J1 visa. Your added disadvantage is your having been an LPR before and now applying for a non immigrant visa. The CO at the embassy already sees you as an intending immigrant just by examining any application you will submit. I'm not saying a guaranteed denial, but you probably will have a much harder time to prove your case on getting a non immigrant visa.
    Approval of your 130 does not mean your visa is available. Like what aleful had mentioned before, it will take several years based on the PD of whatever country you live. It could be from 7 years to up to 21 years.
    Again, as mentioned by aleful. Your SSN are valid. Its your number for life. You are already aware that working in the US while on a visit is illegal, whether you have a valid SSN or not. Having just an SSN does not give you permission to legally work. It does not matter if its unrestricted. You need either an Employment Authorization Document(EAD card) or a green card, if your an LPR in order to legally work.
    I'm not sure if your aware that you have another option of coming back in the US with regards to you being a former green card holder. You are allowed to apply under the SB-1 visa if you are qualified. This particular visa are meant to former green card holder who's LPR status expired or overstayed abroad, if they can prove at the US consular office of the country of origin that the expiration of their status is beyond their control. Here are some important information you can research and study:
    SB-Visa
  9. Like
    Delta5 got a reaction from milimelo in Best option for my situation?   
    I am not sure what work and travel program you are referring on your post. Can you clarify what you meant of a work and travel program? The closest I can think of is the J1 exchange program. Is this the work and travel program you are applying? Your qualification will depend on the USCIS or in the case of a J1 visa, which is under the DOS standard. You have to realize that since you already have a pending immigrant visa of which is an FB-1, not to mention you were a former green card holder. J1 visa is a non immigrant exchange program which is allowed to work on a very temporary basis only. Unlike other non immigrant working visas, Its not a dual intent with regards to legally working and future permanent residency. In other words, you cannot get a green card under this program. You will probably have a harder time than most people applying if we are talking about the J1 visa. Your added disadvantage is your having been an LPR before and now applying for a non immigrant visa. The CO at the embassy already sees you as an intending immigrant just by examining any application you will submit. I'm not saying a guaranteed denial, but you probably will have a much harder time to prove your case on getting a non immigrant visa.
    Approval of your 130 does not mean your visa is available. Like what aleful had mentioned before, it will take several years based on the PD of whatever country you live. It could be from 7 years to up to 21 years.
    Again, as mentioned by aleful. Your SSN are valid. Its your number for life. You are already aware that working in the US while on a visit is illegal, whether you have a valid SSN or not. Having just an SSN does not give you permission to legally work. It does not matter if its unrestricted. You need either an Employment Authorization Document(EAD card) or a green card, if your an LPR in order to legally work.
    I'm not sure if your aware that you have another option of coming back in the US with regards to you being a former green card holder. You are allowed to apply under the SB-1 visa if you are qualified. This particular visa are meant to former green card holder who's LPR status expired or overstayed abroad, if they can prove at the US consular office of the country of origin that the expiration of their status is beyond their control. Here are some important information you can research and study:
    SB-Visa
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