The affidavit of support is a form that is required in most family visas and for some employment visas. This affidavit is a contract between you the applicant and the US government. You are telling the government that you will financially help support the individual who is the beneficiary of the application. Certain categories of immigrants need not fill out this form, but in general assume you will have to fill it out.
This form helps the government determine if you the applicant make more than 125% of the federal poverty level for your household size. If you make more than that you may apply for the beneficiary. If you make less than the 125% amount, you may have to get affidavit of supports from other family members, friends or other individuals to meet the requirement. This is to ensure that the immigrant does not become a ward of the state or a pauper. Furthermore, this contract is good until the immigrant becomes a US citizen or they have 40 qualifying quarters of work.
You will need to provide your tax returns or other forms of information relating to your income. If you are self-employed the requirements are slightly different as you need to provide an income and expense report, capital gains or other forms. Each individual (if more than one is needed) will need to provide this information for the immigration services.
Tuesday, February 16, 2010
Wednesday, February 10, 2010
Visa Board for February 2010
In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 01 June 2004, 01 April 2004, 08 September 1992, 01 January 1994, and 01 June 2004 for the following areas China, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 March 2006, 01, March 2006, 01 March 2004, o1 March 2006, 01 March 2006 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01 January 2002, 02 January 2002, 08 June 1992, 15 July 1998, 01 January 2002 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 22 May 2001, 22 May 2001, 22 September 1992, 01 January 1992 and 22 May 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 15 November 1999, 15 November 1999, 01 December 1995, 01 July1987, 15 November 1999 for the following areas; China, India, Mexico, Philippines, all other areas respectively.
The employment based Visas can be broken down as follows.
1st preference - current for all areas.
2nd preference - current for Mexico, Philippines, all other areas. 22 May 2005 and 22 Jan 2005 for China and India respectively.
3rd preference - 22 September 2002, 22 September 2002, 22 June 2001, 01 July 2002, 22 September 2002 for the following areas; all other areas, China, India, Mexico, Philippines.
4th preference - current for all areas
5th preference - current
The Diversity immigrant visa lottery is broken down as follows for November 2009.
Africa 27,500 (Except for Egypt[15,600], Ethiopia[14,700], and Nigeria[14,000])
Asia 10,550
Europe 22,400
North America 4
Oceania 870
South America and the Caribbean 950
The employment based Visas can be broken down as follows.
1st preference - current for all areas.
2nd preference - current for Mexico, Philippines, all other areas. 22 May 2005 and 22 Jan 2005 for China and India respectively.
3rd preference - 22 September 2002, 22 September 2002, 22 June 2001, 01 July 2002, 22 September 2002 for the following areas; all other areas, China, India, Mexico, Philippines.
4th preference - current for all areas
5th preference - current
The Diversity immigrant visa lottery is broken down as follows for November 2009.
Africa 27,500 (Except for Egypt[15,600], Ethiopia[14,700], and Nigeria[14,000])
Asia 10,550
Europe 22,400
North America 4
Oceania 870
South America and the Caribbean 950
Monday, February 8, 2010
Visa Options
One of the nice things about immigration is that an individual may have multiple options for a given circumstance. This is especially true when dealing with business or employment visas. For example a talented athlete could apply for an O visa. Or they could apply for a H1-B specialty occupation visa or maybe a P visa. The option you choose to go with will be heavily dependent on the individual circumstances of your case.
A qualified attorney will help you determine which is the best option for you to pursue. Each of these various types of visas have their positive and negative aspects and you need to be aware of each one.
Granted there are some circumstances when only one visa is available to you. For example, if you are coming to the US as a student then the student visa is probably the only option available to you. Any other visa type will likely be denied by the immigration services.
And then there are those circumstances when not a single visa applies. Your best bet is probably the tourist visa at this point and that is good for 90 days and will be granted as long as the immigration services do not believe you intend to stay beyond the 90 days!
A qualified attorney will help you determine which is the best option for you to pursue. Each of these various types of visas have their positive and negative aspects and you need to be aware of each one.
Granted there are some circumstances when only one visa is available to you. For example, if you are coming to the US as a student then the student visa is probably the only option available to you. Any other visa type will likely be denied by the immigration services.
And then there are those circumstances when not a single visa applies. Your best bet is probably the tourist visa at this point and that is good for 90 days and will be granted as long as the immigration services do not believe you intend to stay beyond the 90 days!
Thursday, February 4, 2010
Petitioning for Parents
Only a US citizen can petition for the parents. A lawful permanent resident can petition for children or a spouse and that is about it. The US citizen has many more options on who they can petition for. For example, they can petition for married sons or daughters or brothers and sisters.
The wait for a parent is about as long as it is for a spouse or child for a U.S. citizen, meaning anywhere from 3 months to a year given or take a few months. These numbers are general and can vary greatly depending on location and time of year in which you apply for the visa. Like most immigration things the earlier you start the better off you are in making the right choice to helping out a family member.
The wait for a parent is about as long as it is for a spouse or child for a U.S. citizen, meaning anywhere from 3 months to a year given or take a few months. These numbers are general and can vary greatly depending on location and time of year in which you apply for the visa. Like most immigration things the earlier you start the better off you are in making the right choice to helping out a family member.
Wednesday, February 3, 2010
Waivers
There are many instances when a person who is applying for immigration benefits will be denied the benefit. The USCIS will give a reason as to why the person is denied and will generally state that a waiver is needed for the individual to get approved. A waiver can be a difficult and time consuming process. There are a number of waiver types available to an applicant, however, not all waivers will be applicable to each individual.
For example, there is a waiver for extreme hardship to a U.S. citizen spouse or immediate relative. This waiver is extremely hard to get but can be a powerful tool and potentially life saving waiver. Before applying for a such a waiver I highly recommend that you speak with a qualified experienced attorney. Other waivers include conviction for a drug offense of less than 30g of marijuana for personal consumption and humanitarian waivers are two more of the possible waivers.
Each waiver is tailored for specific circumstances and can be complex. The waiver process can take as few as two months or as many as half a year. As with most things in the immigration process, it is a waiting game. You provide the necessary information to the immigration services and they will review your file and then respond to your application. If they need more information they will then request it.
However, in some instances waivers are never needed. This is because you fall within the requirements put forward by the immigration services, you do not have any valid reasons for a denial of entry, or the immigration services do not catch their mistake (don't count on this one get you into the U.S.). Most individuals will not need a visa, but if you have entered the US before and left then tried to enter or are here illegally a waiver is probably the only way you are going to be able to remain in the United States.
For example, there is a waiver for extreme hardship to a U.S. citizen spouse or immediate relative. This waiver is extremely hard to get but can be a powerful tool and potentially life saving waiver. Before applying for a such a waiver I highly recommend that you speak with a qualified experienced attorney. Other waivers include conviction for a drug offense of less than 30g of marijuana for personal consumption and humanitarian waivers are two more of the possible waivers.
Each waiver is tailored for specific circumstances and can be complex. The waiver process can take as few as two months or as many as half a year. As with most things in the immigration process, it is a waiting game. You provide the necessary information to the immigration services and they will review your file and then respond to your application. If they need more information they will then request it.
However, in some instances waivers are never needed. This is because you fall within the requirements put forward by the immigration services, you do not have any valid reasons for a denial of entry, or the immigration services do not catch their mistake (don't count on this one get you into the U.S.). Most individuals will not need a visa, but if you have entered the US before and left then tried to enter or are here illegally a waiver is probably the only way you are going to be able to remain in the United States.
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