Immigration Articles

September,2020

Fiancé Visa vs Spouse Visa


If you are thinking to get your Citizenship through marriage, you have to take this decision very carefully because it has so many categories of visas available, you need to review in a systematic manner to find out the eligibility requirements of each one to determine the best option out of Two visas

The spouse visa

The fiancé(e) visa.

If you are a United States Citizen, you can bring your fiancé(e) to the United States with the intention to marry and live here with a fiancé(e) K-1 visa. The foreign fiancé(e) can travel to the United States with the K-1 visa, and marry their sponsor within the ninety-days’ time frame. After getting married, the foreign citizen can apply for an adjustment of status (AOS -I-485) to become a legal permanent resident with USCIS. The K-1 visa process is relatively fast and speedy than a K-3 or CR-1 visa (for married individuals). The fiancé(e) visa process is about 6 months and becoming a permanent resident thereafter takes about 10.5 months.

In the Spouse visas, you have two options–IR-1 or CR-1 and K-3 visas. You can bring your spouse to the United States by filing a Petition for Alien Relative, I-130, or nonimmigrant visa (K-3). A “spouse” is defined as the legally wedded husband or wife, including same-sex spouses of the United States Citizens and LPRs. In some cases, common-law spouses may qualify for the same benefits. The spousal visa (CR-1) is valid for six months and permits the holder to come to the United States and reside permanently. You don’t need to file an adjustment of status is this visa.

Spouse of Permanent Residents

In some cases, the spouse of a permanent resident will be on a waitlist until the visa or green card becomes available but this waiting period is shorter than other family immigration categories.

Comparison of Fiancé(e) Visa vs Spouse Visa

You must demonstrate proof that you have a bona fide relationship, this requirement has to be filled in both types of visas. With a fiancé(e) visa, you must get married in the United States whereas a K-3 spouse visa is for those who were married outside the country. Individuals who are eligible for a K-3 nonimmigrant visa include:

  • An individual in marriage to the United States Citizen
  • An individual with a Petition for Alien Relative filed by the citizen spouse
  • An individual with an approved I-129F forwarded to the American consulate abroad with the intention of applying for a K-3 or K-4 visa.

A sponsor for a K-4 petition would need a number of documents when filing the petition including:

  • Signed Petition for Alien Relative
  • Evidence of citizenship in the form of a birth certificate, United States. passport, Certificate of Naturalization, etc.
  • Completed G-325A forms for the sponsor and the fiancé(e)
  • Any prior marriage nullification documents
  • Passport size color photos of the spouse and sponsor.

It’s important to keep in mind that the consular officer may request additional information or documentation so it’s best to consult a spouse visa attorney to learn more.

Which is Faster–Fiancé(e) Versus Spouse Visa

While the process is very similar, the benefit of a fiancé(e) visa is that they can join you in the country much faster than with a spouse visa. With that being said, however, the cost is significantly higher for a K-1 fiancé(e) visa.

K-1 Government Filing Fees

The Form I-129F has a filing fee of $535, plus $160 paid to the consulate.

For the immigrant visa, there’s a filing fee of $535 for Form I-130, $325 to the consulate for the DS-260 application, and a financial support fee of $120. To adjust your status, it will cost $1,225 for the Form I-485 fee. Total USCIS fees come out between $980 and $1,760 depending on if you choose through consular processing or adjustment of status.

Income Requirement Differences–Marriage Visas

Regardless of whether you opt for a fiancé(e) or spouse visa, your income (petitioners) income level will be taken into consideration. If you first get married then petition for your spouse to enter the United States., you need to demonstrate that your income isn’t below 125% of the poverty level. Afterward, when your spouse is applying for a green card through an adjustment of status, you’ll have to meet the higher 125% requirement.

Marriage-Based Green Cards

Getting a spouse visa is often a step along the road to a marriage-based green card. The only requirement for this green card is to have a legitimate marriage to the United States. citizen and to be eligible for adjustment of status (meaning that you have not violated your status). Marrying the U.S. citizen is one of the best ways to get a green card due to the fact that you will be considered an “immediate relative” of the citizen, which holds benefits in that there is no annual limit for green cards for immediate relatives and you will not have to wait for a priority date to be current.

In fact, you can file the I-485 application to register permanent residence or adjust status at the same time that you file your I-130 for your non-immigrant visa. It usually takes about six months for your I-485 to be processed, so filing them concurrently is the fastest method. During this time, you will likely receive a notice to come in for an interview. If you are outside the United States. The interview will be mandatory when you apply for your marriage-based green card.

Biometrics Appointment

Unless you are under the age of 14 or over the age of 78, you will need to appear for a specific appointment to have your biometrics taken. This involves having the USCIS collect your fingerprints, photos, and signature as well as perform background and security checks on you. Your appointment notice will be sent as a Form I-797C and will require you to go to an Application Support Centre.

Marriage-Based Green Card Interview

Many people are concerned about their interview, but the interviewing officer is only trying to ferret out fraudulent marriages. If your relationship is legitimate, then you only need to speak confidently, clearly, and truthfully. Some questions you might be asked include:

  • What hobbies or interests you and your spouse have in common?
  • When is your anniversary?
  • How are chores divvied up around the house?
  • When did your relationship turn romantic?
  • How long was it before you decided to get married?
  • Who proposed to whom?
  • Did you decide to have a short or long engagement? 
  • Why was this decision made?
  • When did you meet each other’s parents?
  • Where was the wedding venue?
  • Who were the bridesmaids and groomsmen at your wedding?
  • Where did you go for your honeymoon?
  • Have you ever been on vacation together? Where?
  • Do you attend a church or religious service? Where?
  • Do you plan on having children?
  • Do you have any children from previous marriages?

Remember to be honest. If you do not know the answer to a question, it is better to say “I don’t know” than to lie. Being denied your green card is a temporary inconvenience. Being caught in a lie can result in far more serious consequences.

If you have children that you would like to accompany you through your status, you can take advantage of the follow-to-join benefits, which will allow them to come with you without having to file a new petition for each child. You can apply for follow-to-join benefits by providing a copy of your green card, your approval notice, your I-130, and the I-797 notice of the action.

You will get a green card if your application to adjust status is approved or the consular officer approves your case. However, you will be issued a conditional 2-year green card, if your marriage was less than two years old when approved. In order to remove the conditions and enjoy all of the benefits of the typical ten-year green card, you must file an I-751 form within 90 days before the end of that initial 2-year period. 

If you and your spouse divorce before that time, you may still be able to qualify to have your conditions removed by submitting a “good faith marriage waiver” to demonstrate that your marriage was not fraudulent and that the divorce was either necessary or out of your control.

Stokes Interviews

If the immigration officer detects red flags during the standard interview, you may be summoned to a second follow-up interview called a Stokes interview. During this interview, you and your spouse will be separated into different rooms and interviewed. You will be asked the same questions and your answers will be compared. 

For example, if the visa officer asked you when your first date was and your answers differ, you run the risk of failing the Stokes interview and having your visa denied. Knowing the questions that you may be asked ahead of time could help prepare you for the Stokes interview. These questions are often much more specific and difficult to coordinate.

Here is a shortlist of questions you might expect:

  • Where and When did you meet each other the first time?
  • What type of food does your spouse enjoy the most?
  • What type of vehicles have you owned together?
  • Who does most of the cleaning, cooking, and financial planning?
  • Do you own any pets? What kinds? What are their names?
  • How often do you eat at restaurants?
  • What do you both typically eat for breakfast?
  • What is your routine before going to bed?
  • Who is your spouse’s cell phone provider?
  • What types of movies, music, or other entertainment do you both enjoy?

Red flags in your normal interview that could trigger a Stokes interview include avoiding answering questions, hesitating or answering nervously, or answering inconsistently. As long as you answer truthfully and confidently and your case is legitimate, you should have little risk of getting a Stokes interview.

Tips for Your Interview

Here are some ways you can optimize your chances of having a successful interview with the immigration officer and avoid red flags, delays, and denials:

  • Arrive at least half an hour before your appointment time. The earlier the better.
  • Avoid casual or immodest clothes. Always try to dress professionally.
  • Answer questions calmly and clearly. Nervousness or unease may raise red flags.
  • Avoid reciting memorized facts. It will be clear if you and your spouse have rehearsed your answers. Just answer truthfully.
  • Don’t forget the required important documentation to authenticate your relationship.

Post Interview Process

If your interview goes well, then you will need to wait until the USCIS makes a decision on your I-130 petition. If it is approved, then you will receive notice of the action and your spouse’s passport will be sent back with the marriage-based green card inside. This will allow your spouse to enter the United States as an official permanent resident. You can check on how your immigrant case is going, by putting your case number into this Case Status Database.

Fiancé(e) vs Spouse Visa Denial

Having a visa denied can be a difficult situation, but there are steps to take if this happens that may save your case. For both the spouse visa and fiancé(e) visa, rejections work the same. For starters, there is a difference between denial and rejection.

Rejection happens if there was an issue with fee payment or if there was a problem with the petition (incomplete, inconsistent, or missing information). This is often an easy-to-fix situation that simply requires filing a new petition with the mistakes corrected.

Denial, on the other hand, means that the immigration officer reviewing your case decided that a fiancé(e) visa or spouse visa was not deserved. This is likely the result of the interview. If your petition is denied, be sure to take the notice to your immigration attorney who will guide you on what steps to take next.

You may be able to file a motion to reconsider or reopen. In a motion to reconsider, you are appealing to the immigration officer to have them look at your case again. For this to be successful, you must be able to argue from a legal standpoint that the decision to deny your petition was incorrect. A motion to reopen is used if you have new evidence that could shed new light on your case and potentially change the outcome.

Lastly, you may also be able to appeal to a third party, the Administrative Appeals Office, if you believe that your case was incorrectly denied. However, the AAO does not often overturn the decisions of USCIS officers, so you will need to work with an attorney to make sure that appealing is a viable choice.

Your New Social Security Number

Once you become a lawful permanent resident in the United States., you will need to acquire a social security number (SSN). You can request an SSN through your online immigrant visa application DS-260. If you did this, then you should receive your SSN card in the mail within 3 weeks of your arrival as a permanent resident.

If you did not request an SSN with your application, then you will need to visit a Social Security office and apply for a number there. You can only do this once you have a permanent address in the United States, however, you will need to bring your passport or Form I-551 (Permanent Resident Card) as well as your birth certificate. This will also apply for each person that is applying for SSN along with you.

How Our Fiancé(e) and Spouse Visa Attorneys Can Help

Marriage green card immigration attorneys at F4 India help in identifying the best course of action, whether it be through a K-1 fiancé(e) visa or spouse visa. We have successfully handled dozens of cases and have assisted our clients through every step of the process.

From completing the application forms correctly to accompanying you and your spouse to the final immigration interview, we’ve handled it all. The process of sponsoring a relative or soon-to-be spouse can be burdensome but with the help of a qualified attorney, we can help you stay on the right track.

To get in touch with one of our expert attorneys, you can fill out this contact form and schedule your consultation with our office today.

For more details ,you can call or email us +91-6283507748: info@f4india.com

 

 

September,2020

Waiver

  1. Determining whether the applicant needs a waiver.
  2. What grounds apply to you for waiver? 
  3. What are the requirements for a waiver of unlawful presence?
  4. How many types of waivers are available?
  5. If waiver is granted, Can I get a Green Card?

 

We have secured immigration Provisional Waiver for husbands and wives who come from nations around the globe such as Brazil, Canada, Colombia, China, Ecuador, Mexico, Thailand, the United Kingdom, India, Pakistan  South Korea, and Australia. We've clients who reside in states through the US. 

 

United States immigration law is federal, F4 India is legally authorized to represent clients who reside in states throughout the United States as well as around the world. 

F4 India keeps a near-perfect success rate on spouse and fiancé visa applications filed on behalf of their customers. 

 

Our team personally deal with every important detail of your legal representation. Please do realize however that past results don't constitute a guarantee, warranty, or prediction about the result of your legal matter. 

 

We utilize the most recent in protected technology to efficiently represent our customers regardless of where they may reside. F4 India responds to telephone calls and e-mails throughout the afternoon (and evening) and may take part in video conferences via Skype so that questions can be answered in face-to-face meetings no matter where you're located. 

 

All our customers receive personalized attention consisting of the following providers: 

 

Unlimited consultations with a responsive immigration lawyer 

 

You'll always have access to me personally via phone and email. This helps to ensure that you get all your questions answered to complete satisfaction from the moment your case is started till your fiancé visa is secured. 

 

Digital access to all your immigration documents 

 

Every document you give to me along with USCIS correspondence and receipts are scanned and stored with our law firm as part of your case file. This has proven valuable for our customers located during the world who need access to critical documents before embassy interviews, USCIS appointments, along with other significant events. 

 

Expert advisor preparation of your USCIS petition and Consular forms

 

F4 India team prepare and review your petition and test it. Our team works hard to ensure that EVERYTHING is done right the very first time so that you prevent unnecessary delays and USCIS denials. Our core team also assists you to gather all necessary supporting documents, complete all USCIS forms, and submit everything in the most expeditious manner possible. 

 

Constant monitoring and advocacy on your behalf 

 

Teamwork doesn't end with the submission of your petition. We keep tabs on your case as it is being processed, keeping you up to date on its status as well as telling you of any relevant changes in immigration laws and procedures. The vast majority of our customers experience no undue delays or issues with their cases. 

 

Preparation of the I-601A waiver 

 

We personally prepare and review your I-601A Provisional Waiver application and undergo several revisions to make it as strong and persuasive as possible. Our expert team writes a personalized hardship” invoice mentioning case law tailored to your situation to increase the probability of approval of your waiver application. F4 India helps you gather all supporting documents and might refer you to clinical psychologists who have in-depth experience conducting psychological examinations to demonstrate extreme hardship (separate fee applies to the psychological assessment). 

 

Immigration support 

Upon request, we can monitor your immigration status even after your case is resolved to ensure that you never fall out of legal immigration status.  we inform you when additional filings or actions must be taken and handle everything in the same professional and expeditious manner as before.

 

212(d)(3) General Waiver for Non-Immigrants

Introduction to the 212(d)(3) Waiver for Non-immigrants 

 

Non-immigrants are overseas nationals who are seeking to enter the U.S. on a provisional basis.  They are different from immigrants who aim to live in the U.S. on a permanent basis.

The Immigration and Nationality Act Section § 212(d)(3) waives nearly all grounds of inadmissibility for non-immigrants counting health, criminal, prostitution, smuggling, and unlawful presence.  Some grounds of inadmissibility that are not waived are certain security-related grounds related to espionage, sabotage, genocide, and Nazi Persecution.

Legal Demands of the § 212(d)(3) Waiver 

 

§ 212(d)(3) non-immigrant waivers (also referred to as 212(d)(3)(A) waivers) are adjudicated by the Admissibility Review Office located in Washington D.C.  The 3 standards for granting a waiver under § 212(d)(3) Matter of Hranka.

 

1. The danger of damage in admitting the applicant

2. The significance of the acts that cause the inadmissibility

3. The significance of the offender’s reason behind seeking entry.

 

Both Dept. of State rules and the Foreign Affairs Manual offer that: 

“although the exercise of discretion and good judgment is essential, usually, consular officers may recommend waivers for any valid purpose like family visits, medical care (whether or not available abroad), conferences related to business, tourism, etc.” 22 CFR 40.301; 9 Foreign Affairs Manual 40.301 N3  § 212(d)(3) non-immigrant waivers are filed either in the U.S. consulate with the jurisdiction of your place of residence or in a U.S. port of entry.  Non-immigrant waivers pursuant to INA § 212(d)(3) might only be issued for a maximum period of five years at a time.   They're usually issued for six months or one-year periods. 

 

Filing waivers in U.S. Consulates Abroad  

 

The consular officer will generally examine your visa application, make the first finding of inadmissibility, and ask you to come back with the waiver application and supporting documents.   Some consulates will accept the waiver application on the afternoon of the interview.   There's no filing fee to submit an application for a § 212(d)(3) non-immigrant waiver in the US consulate. 

As part of this procedure, the consular officer will first check to ensure that the following conditions are met: 

  • The aspirant is not inadmissible under INA 214(b) (i.e. doesn't have immigrant intention)
  • The claimant is not inadmissible under INA 212(a)(3)(A)(I)(I), INA 212(a)(3)(A)(ii), INA 212(a)(3)(A)(iii), INA 212(a)(3)(C ) ), or INA 212(a)(3)(E) (as this covers all security-related grounds of inadmissibility)
  • The aspirant is not seeking a waiver of the non-immigrant documentary necessities of INA 212(a)(7)(B), which may only be waived under the provisions of INA 212(d)(4); and
  • The applicant is, otherwise, qualified for the non-immigrant visa she or he is seeking. 

Your waiver application will be examined by the consular officer, and a recommendation for issuance of the waiver will be made after that submits it to the Admissibility Review Office based in Washington D.C. for the last decision. 

 

Filing waivers in a U.S. Port of Entry

 

A filing in the U.S. Port of entry is most relevant for visa-exempt nationals like Canadians and requires access to the Form I-192. The standards where the I-192 waiver for Canadians) is judged is just like memorandum discussing the merits of your non-immigrant waiver application in light of the legal the ones set forth in Matter of Hranka described previously. Additionally, to a memorandum discussing the merits of your non-immigrant waiver application in light of the legal standards like myself is representing you on the I-192 waiver application includes the following:

  • Proof of your citizenship. 
  • Form I-192 signed and filed by you. Like myself is representing you on the I-192 waiver application an attorney like myself is representing you on the I-192 waiver application. 
  • U.S. Fingerprint card FD-258. This fingerprint card is going to be finished by a U.S. CBP Officer during the court system; you should also get a copy of the official court. 
  • A Form G-325A signed and finished by you. In case you have a court system, you should also get a copy of the official court nation's reason why a copy of the document the reason why a copy of the crime. 

If such a record isn't available, you need to get the reason why a copy of the saying the reason why a copy of the document isn't available. 

Records should be dated and endorsed by the RCMP within 15 months of entry with your Form records should be dated and endorsed by the RCMP within 15 months of entry with your Form C216C. The Civil Merchandise and any for directions, addresses, and payment I-192. For instructions, addresses, and payment info, please visit www.greencardpetitions.com. If you're inadmissible to the US due to being contemplated and you believe very to be contemplated and you believe every to be contemplated and you believe. Additionally, the I-192 waiver ought to be accompanied by proof to be contemplated and you believe like counseling or rehabilitation applications are done, present employment, marital status, community support, etc., or any other info you would like to be considered and you believe fortifies your petition. If you're if they are allowed to enter the United States Associated grounds identified from the INA, e.g.associated with rehabilitative history, the statement from the applicant making need to give proof of treatment/rehabilitation. Such signs shall include, but can if they are allowed to enter the United States current drug test, reliable, verifiable proof been found to be inadmissible under the section evident his/her commitment to abstain from utilizing controlled substances from the USA, credible, verifiable proof outlining subject's application for substitution therapy/treatment and/or continued care relative to his/her medication use/addiction if they are allowed to enter the United States. In case you've been found to be inadmissible under section 212 of the INA the following comprehensive information ought to be filed regarding.

  • Present employment. 
  • Past U.S. Employment. 
  • Members of the family presently residing in the United States. 
  • Past and the current USA and/or overseas business investments. 
  • All ties you've to your present foreign country/residence. 

Preparation of the 212-non-immigrant waiver 

 

Our Team Head personally prepares and examines your 212 non-immigrant waiver application and then undergoes a few changes to make it as strong and persuasive as possible. Our Advisor draft a personalized waiver statement citing case law tailored to your situation to increase the likelihood of approval of the waiver application. Our Team Head notify you of the supporting documents needed to maximize your probability of getting the waiver accepted. Normally, this consists of affidavits from those who know you personally and may attest to your good moral character and reputation in the community, numerous reasons to want to visit the US, signs of reform and rehabilitation like therapy, employment, education, community participation, and counseling or treatment, as well as your prior immigration and/or criminal records.  

 

Constant monitoring and advocacy on your behalf

 

Our Teamwork doesn't end with the submission of your petition. We keep tabs on your case as it's being processed, keeping you up to date on its standing as well as telling you of any applicable changes in immigration laws and processes. The vast majority of my clients encounter no delays or difficulties with their cases. Prep for the interview we personally prepare you for a consular interview. Team Head supply a record of all of the documents you collect and ought to take to the interview and also discuss the kinds of questions that are most likely to be asked. Many have discovered this prep session invaluable in easing their fears and feeling confident going in their appointment. 

Continued immigration support upon ask, Our team leader can monitor your immigration status even after your case is resolved to ensure that you never fall out of legal immigration status. We try to notify you when additional filings or actions have to be taken and manage everything in the same professional and expeditious fashion as before.

 

If You still have some questions like below, you can contact us info@f4india.com

 

 

September,2020

Humanitarian Parole Approved for Medical  Emergency in 32 Days of Filing

 

 

F4 India Immigration Law Firm received an approval of a humanitarian based parole filed on behalf of a client who's subject to the 7 years criminal presence ban, pursuant to INA Section 212. 

She previously entered the U.S. On a B-2 visitor visa, but stayed out of standing in the U.S. For over two and half years before departing back to India. 

Parole is governed my many Public Laws and U.S. National policy which includes INA Section 212 which states: 

The Attorney General might, except as provided in subparagraph or in section 1184 of the title, in his discretion, word in the USA momentarily under such conditions like him might prescribe only on a case-by case basis for urgent numerous reasons or significant public benefit any alien applying for entrance to the US, but such parole of such alien will not to be regarded as an admission of the alien and once the purpose of such parole shall, in the opinion of the Attorney General, have been served the alien must immediately return or be returned to the custody from that she was paroled and thereafter her record will continue to be dealt with in the same way like that of any other applicant for entrance to the USA. 

 

It's necessary to understand that parole is a discretionary authority that enables the temporary entry of people into the USA for urgent many reasons or for public benefit. It does not constitute admission, to the United States and it does not convey any immigration benefits to the beneficiary. Common parole requests consist of medical urgent matters, the unification of family members, criminal and civil proceedings, along with other emerging asks. USCIS, ICE and CPB exercise concurrent password authority. The USCIS Permits Parole for aliens outside of USA for a number of reasons, including humanitarian. ICE authorizes parole of foreigners outside the US for a number of grounds, including law enforcement and intelligence as well as to release detained foreigners from custody. 

 

CBP authorizes parole at USA ports of entry, including pre flight inspection facilities. 

Humanitarian Parole is a remarkable measure that makes it possible for an otherwise inadmissible alien to come to the US to get a compelling emergency. Cases involving life threatening medical urgent matters, family unification, kids under 13 years old, and emotionally or physically challenged individuals receive an immediate expedited review. Roughly 1800 Humanitarian Parole requests are received annually and only 30% are awarded. The vast majority of humanitarian parole asks as so denied. 

 

F4 India law firm prepared a Humanitarian Parole application package on behalf of my client that included: A detailed stage memorandum presenting the urgency, convincing and nature of her petition. A discussion of my customer's strong, permanent, and indisputable ties to her country of residence that communicates any notion of intent.

 

September,2020

Willful Misrepresentation/ Waiver for Fraud ( I-601 )Approved for Indian Spouse

We at F4 India Law Firm obtained approval of the I-601 Application of Waiver of Grounds of Inadmissibility for the Indian Husband of a United States  Citizen That had been subject to a life-time Ban for fraud/misrepresentation under INA Section 212(a)(6)(C)(I). 

INA Section 212(a)(6)(C)(i) states: 

 

Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the USA or other benefit provided under this Act is inadmissible. 

 

Our client entered the United States  lawfully on a legal non-immigrant visa, He fell in love with a United States Citizen Girl and got married Today they've been married for 16 years. He returned to the India to pursue his studies, planning to return to the United States  after graduation. He failed to disclose a previous marriage on his first visa application and was consequently charged with fraud / deliberate misrepresentation pursuant to INA Section 212(a)(6)(C)(I) and deemed inadmissible in his immigrant visa interview. 

 

F4-Attorney : I was contacted with the client  to assist them in planning and obtaining approval of the I-601 waiver after the finding of inadmissibility from the United States  embassy in Delhi, India. An I-601 Application for Waiver of Grounds of Inadmissibility requires a showing that the applicant’s United States  Citizen spouse or parent could suffer “intense hardship” when the applicant is denied admission into the US. ”Extreme hardship” has a special meaning under United States  immigration law. 

 

The factors considered relevant in determining intense hardship include: 

  • Health of the Patient relative 
  • Financial considerations 
  • Education 
  • Personal considerations 
  • Particular considerations. 

Any other information that clarifies how your personal circumstances might qualify as imposing intense hardship on a qualifying United States  Citizen or legal permanent resident relative. Spouses must demonstrate that their relationship will endure more than the standard hardship or inconvenience caused by family separation. 

 

Extreme hardship is “not a term of fixed and inflexible content or meaning,” but depends on the facts and circumstances peculiar to each case. The factors include the presence of a lawful permanent resident or USA Citizen spouse or parent in this nation; the qualifying comparative ’s family ties outside the US; the conditions within the nation or nations to the qualifying relative would relocate and the degree of the qualifying comparative’s ties in such countries; the monetary impact of departure from this nation; and significant conditions of health, particularly when connected to a unavailability of appropriate health care within the nation to the qualifying relative would relocate.The Board added that not all the foregoing factors have to be analyzed in any given case and emphasized that the list of factors wasn't exclusive. 

 

The Board has also held that the common or average results of elimination and inadmissibility don't constitute extreme hardship, also has listed certain human hardship factors considered common as opposed to intense. These elements include: economic disadvantage, reduction of current employment, inability to keep one’s present standard of living ,inability to pursue a chosen profession, separation from family members, severing community ties, cultural readjustment after residing in the US for several years, cultural readjustment after residing in the US for several years, cultural adaptation of qualifying relatives who've never lived outside the US, inferior economic and educational opportunities in the foreign nation, or even inferior medical institutions in a foreign country. Nevertheless, though hardships might not be intense when considered abstractly or separately, The true hardship associated with the abstract hardship factor like family breakdown, economic disadvantage, cultural readjustment, differ in character and seriousness depending upon the distinctive circumstances of every case, as does the accumulative hardship a qualifying relative experiences as a consequence of aggregated individual hardships. 

 

Consequently, The AAO considers the totality of the circumstances in determining whether a denial of admission would result in extreme hardship to a qualifying relative. 

 

We prepared a thorough I-601 waiver application such as a 20 pages legal brief going over the facts and conditions of our client lives met the legal criteria used to identify extreme hardship. Particularly, this involves the day-to day care that the United States  Citizen partner supplies to her elderly father, who suffers from diabetes Sugar, high blood pressure, and heart problems. The United States  Citizen partner lives with her elderly mother plus they're dependent on each other to overseas and manage the health care they vitally need. 

 

Even though older people mother of the United States  Citizen isn't a qualifying relative per se under the INA Section 212, her well being is closely linked to that of the United States  Citizen partner and was carefully presented in our short. 

 

More Details - if the United States  Citizen spouse be compelled to relocate to the India to be with her husband, her elderly mother will lose her main support given ,This might be potentially life threatening to her elderly mother given her fragile state, and such an event could traumatically impact the physical and psychological wellbeing of the United States  Citizen partner which is already compromised. Alternatively, if the United States  Citizen partner need to stay in the United States  Without  assistance from her husband, her personal fortune will similarly continue to deteriorate, impacting the welfare of  United States  Taxpayers who desperately need the existence and assistance of the waiver applicant in their own lives. In these kinds of situations, it's important to present and establish the hardships of close relatives whose well being are intimately tied to that of the qualifying relative, and also demonstrate how both parties could be affected by the immigration implications of their situations. 

 

As a consequence of our effective and serious efforts, our client has been accepted for the I-601 Waiver and therefore, Now this happy couple  living legally in the United States  together once more following a separation of more than seven years apart.

 

For more details ,Write an email info@f4india.com

 

 

 

 

 

 

 

 

September,2020

Petition for an Alien relative and for that how an attorney for sure can help you to avoid them?

Let’s discuss the problems which you may face while processing your immigrant Visa Petition and how the presence of an attorney in your case can avoid such issues. These issues which we are going to present here have been encountered by many applicants very often and our expert team of attorneys have resolved them efficiently. Based on our experience, you need to know about our finding below:

  • I-130 Petition for Alien relative not approved: There are many reasons for rejection, but the most common reasons are that you have not filled your Form I-130 properly in such situations you will receive a Notice of Action to reject the petition from USCIS or they may send you a Request for Evidence that requests additional paperwork. In both the conditions you will face a delay. Thus, it is very important that you prepare your I-130 petition correctly and submit all required documents properly or you may hire an attorney to do this for you in order to avoid rejection or delay.
  • Is your petition stuck with USCIS: Sometimes you must be wondering that why is USCIS taking so long to process your petition? You don’t know the answer and not even getting a proper response from the USCIS. One of the reasons for this could be that your I-130 petition is stuck in the USCIS field office. What to do in such a situation? When you hire an immigration attorney then it is his or her responsibility to keep a proper follow up in regard to your case with all the immigration government bodies. Hiring an attorney for your case avoids such issues, as it is their day to day work to keep periodic updates about the petitions of their clients.
  • DS 260 wrongly filled: Filling DS 260- Immigrant Visa form is one of the most important tasks of the process. There could be some serious consequences if your DS 260 is wrongly filled. It has been seen at the time of Interview. it can also lead to visa denial as well. We highly recommend every applicant to fill DS 260 only under the assistance of an experienced attorney or accredited representative. You can hire our team of F4 India to fill your Immigrant Visa form and process other formalities (like submitting supporting documents) on your behalf, as we have filed an end number of DS 260 immigrant visa forms worldwide which have been accepted by the National Visa Centre without any hassle.
  • Unnecessary delays: There could be many reasons for unnecessary delays in your case, here we are presenting the most common but important aspects which can be responsible for the delay of your case.
  • Invalid document notification: Sometimes you receive notification that your documents are not valid. Such situations unnecessarily delay your case. You can avoid such situations by hiring our team. Our attorney provides complete assistance in gathering valid supporting documents, proof of evidence, and also prepare Affidavit of Support.
  • Doubt on sponsor's financial eligibility: Some times after submitting all the documents you come to know that your only sponsor is not enough to support you financially, and thus you need to add a joint sponsor or a household member. This also delays your case. If you have an attorney for your case then he or she will guide you to arrange and add a joint sponsor or household member as required in the beginning itself. We at F4 India conduct a complete analysis of your petition, check the finical eligibility of your sponsor, and guide you with the best possible options to adopt in order to process your case smoothly.
  • Case under administrative processing: Administrative processing may take several months before completing the procedure and issuing a visa. There are possibilities that your visa could be rejected after administrative processing. After doing the administrative processing or review of additional submitted documents, your visa may be refused for a variety of reasons. Having an attorney for your case saves you from this big hassle which could be very frustrating for you.

We at F4 India, are committed to provide each client with prosperous results by considering all appropriate and resourceful choices. We tend to take personal pride in the quality of our work and our attention to detail. Contact us today to book your consultation. You can also complete our inquiry form and we will contact you with the next available date. Our client’s satisfaction is paramount.

 

 

September,2020

INFO PASS

An info pass is a way to get details if you are facing any problem related to your pending petition. its an online free service which allows petitioner's to discuss their case directly with an immigration officer when you schedule an info pass appointment an officer will reply your questions and he will provide you with the updated status regarding your application Info pass is a convenient alternative way to get the response from USCIS directly.

How will InfoPass help you?

It’s free! scheduling your own appointment costs you nothing.

It ’s more convenient.

Please Visit uscis.gov/appointment to schedule your appointment online from your home computer, mobile device or the computer at your native library.

It’s easy. Follow these easy steps:

Choose your language. 

InfoPass offers twelve languages for you to use whereas scheduling an appointment.

Under “Make an Appointment”:

If you're within the U.S., choose inside the U.S. and then type within the zip code for your address.

If you're outside the U.S., choose Outside the U.S. and so choose the country where you are presently placed.

Choose a date and time for your appointment. 

If you are doing not see a convenient time, check back with InfoPass following day. New appointment choices are obtainable each working day.

Provide a minimum of your name, date of birth, and phone number.

Print the appointment notice that seems on your computer screen. The notice will show the time, date and place of your appointment, and you'll need to bring it to your InfoPass appointment. If you can not print the notice, write down the confirmation number and additionally the PIN thus you will access your InfoPass appointment notice at another time.

What documents should you bring to the appointment?

 You will need to bring documents that may facilitate explain your question or problem along with your case.

Some of the documents you will want are:

Your InfoPass appointment notice confirmation

Government-issued identification. this could be any of the following:

Your InfoPass appointment notice confirmation

Government-issued identification. this could be any of the following:

Government-issued photo ID card

1.Passport

2.Valid driver’s license

3.Permanent Resident Card (also known as a Green Card)

4.Employment Authorization Document

Form I-94, Arrival-Departure Record with affixed image

 Any USCIS correspondence issued to you. Examples include:

1.Receipt notice

2. Interview appointment notice

3.Decision letter 

4.Request for evidence (documents)

All foreign documents that relate to your inquiry should be translated

What if you need to reschedule the appointment?

You can cancel or reschedule appointments by    victimization the confirmation number and PIN that were printed on the original appointment confirmation notice.

To allow the United States of America to serve the most people possible, please cancel your appointment if you can not create it at the appointed time. there's no penalty for rescheduling or cancelling an appointment.

If you lose your appointment notice, you'll print a replacement by accessing InfoPass and getting into the information requested.

What if you just have a routine inquiry?

For routine matters, you are doing not have to be compelled to meet with USCIS officers in person. you'll handle these inquiries simply over the phone or on our web site by clicking on one of the buttons placed on the bottom half of the InfoPass homepage.

For General info, save yourself a visit – call the USCIS Contact Center at 800-375-5283 from the comfort of your home to see if we can answer your queries first!

Contact Us: info@f4india.com 

+91-6283-507748

September,2020

Inadmissibility

 

One of the most important initial issues is “Inadmissibility” Before any Applicant starts the process, it is vital to see whether s/he is subject to “Inadmissibility.” Essentially, this review reveals whether there is any statutory reason the Applicant would be prevented from coming into the U.S. Inadmissibility analysis is an essential part of what most attorneys must provide in any case. Although most cases may not have this issue, each case must be analyzed in detail. 

 

The basic rules for Inadmissibility are in INA Section 212 (8 USC Section 1182) and can include grounds such as:

 

Health-Related Issues

Criminal History (and certain drug charges for the Petitioner)

Security/Terrorism Related Issues

Economic Issues (Public Charge)

Illegal Entry and Other Immigration Violations

Document Issues

Foreign Policy Issues

Membership in Certain Groups such as the Communist Party

The Practice of Polygamy

Unlawful Voters and False Claim to Citizenship Issues

And More. 

 

An additional issue was added under the Adam Walsh Act that created severe hurdles for Petitioners (not just the Applicant) if they have had minor-related sexual convictions. Each of these issues must be reviewed, but the most common ones are: - Previous Arrests or Convictions - Overstaying a current or previous Visa or Unlawful Entry into the U.S. - Prior Visa violations - Improper entry into the U.S. (unlawfully or without the proper Visa type) - Committing Fraud or Misrepresentation when trying to obtain an Immigration Benefit in the past. Any of these issues can derail the process; however, there are possible “Waivers” available that can help clear the issues. If any of these issues exist in your case, consult with an attorney. 

 

Once you have prepared the case, you can begin the Petition/Application process.

September,2020

What could be the reasons for a Visa Denial? 

There is only one reason that your Visa could be refused and that is, being ineligible? Now what does being found ineligible mean?

Your visa is refused because the consular officer finds you are not eligible to receive a visa under U.S. law, though you will be provided a reason for the denial. Some of the prominent reasons a visa applicant could be found ineligible for a visa are listed in the Immigration and Nationality Act (INA) and other immigration laws. 

Some of these ineligibilities can be overcome, either by you, the visa applicant, or the U.S. petitioner, in certain immigrant visa cases, while other ineligibilities are permanent. This means that every time you apply for a visa, you will be found ineligible under the same section of law, unless you get a waiver of that ineligibility. 

Some examples of visa ineligibilities are:

• The visa applicant has not fully completed the visa application and / or have not provided all necessary supporting documents - INA Section 221 (g). We have seen      such situation in cases where people hire agents who don’t have enough experience or information. Hiring an Immigration attorney to file and submit any US immigration Form or Documents for you is the best way to prevent your case from getting refused under section 221 (g).

• The Visa applicant has not provided an adequate affidavit of support when it was required; therefore, denied under public charge - INA section 212(a)(4). 

• The visa applicant has misrepresented a material fact or committed fraud to attempt to receive a visa – INA section 212(a)(6)(C)(i)

• If the applicant previously remained longer than authorized in the United States - INA section 212(a)(9)(B)(i)

• The visa applicant has not specified eligibility for the visa category or its purpose may eliminate the notion of being an immigrant - INA Section 214 (b)

• The Visa applicant was convicted of a crime involving moral turpitude - INA section 212(a)(2)(A)(i)(I)

• The Visa applicant was convicted of a drug violation - INA section 212(a)(2)(A)(i)(II)

• The Visa applicant has two or more criminal convictions for which the total sentence of confinement was 5 years or more - INA section 212(a)(2)(B)

Visa denials of the basis of INA section 221 and 212 can be prevented before, if a visa applicant has taken guidance of an immigration lawyer before submission. F4 India Law Firm has successfully handled such cases. 

 

September,2020

United States Permanent Residence - How To Get a Green Card

If you are interested in shifting permanently to the United States, this information can be very helpful. Our Experienced Attorneys have provided below to learn more about How you can get a Green Card. Then, you can write an email for an assessment. Our team will get back to you to discuss your options and eligibility.

Getting a Green Card

A green card is proof that its holder, a legal permanent resident, has been officially granted immigration benefits, including permission to live and work in the United States.

How Do I Obtain a Green Card? 

There are several different ways to apply for permanent residency in the United States, where you will receive what is known as a green card. 

How to find out your Eligibility for A Green Card Through Family Based Immigration

You may be eligible to apply for a Green Card using a family-based petition for having relatives in the United States as Green Card holder or United States Citizen. Some family members may be eligible to sponsor or petition you for a Green Card.

Do I need an Attorney for applying my Green Card?

Filling a petition to get a Green Card is a crucial process. Any slight mistake could result in a failed attempt. Immigration Attorneys have helped thousands of individuals to successfully get United States Permanent residence.

How to Become a United States Permanent Resident?

There are a many other ways for applying for United States Permanent Residence, where you would obtain what is known as a Green Card. The most popular methods to get a Green Card would be through one of two ways:

Family-Based Immigration

Employment-Based Immigration

Seeking refuge is also a way someone may be able to receive permanent residence in the United States. You may be eligible for a green card if the government granted you asylum due to life threatening circumstances in your home country. Individuals granted asylum can apply for a green card after one year of residence in the United States. Long-time resident non-citizens may escape deportation proceedings and apply for a green card if they can prove their removal from the country would cause severe hardship to another United States Citizen or Permanent Resident.

For more details write us at info@f4india.com or contact us at +91-6283507748

 

September,2020

 

Have You Been Denied Entry to the United States After Applying for a Visitor Visa?

 

United States Visitor Visas

Many people around the world want to visit the united states, whether because they have families and relatives in the U.S. or they just want to see the sights. The B2 Visa give permission them to meet families and relatives and sightseeings.

 

Who Should Apply for a Visitor Visa

The United States Visitor Visa is a nonimmigrant visa for those who wish to temporarily enter the United States for tourism, business or travel.It depends on the purpose of your visit, you may be eligible for both (B-1/B-2)  or B-1 or B-2 visa. if your reason come under both the categories .Visitor Visas may be either single-entry or multiple-entry, depending on applicant’s eligibility. Applicant for visitor visa must have to prove that he/she is not coming to the country to immigrate

 

Note- That the applicant is traveling to the United States from Canada or Bermuda are not required to have a visa to enter the U.S. If you are a citizen or national from a participating country, you may be eligible to apply for the Visa Waiver Program, which would exempt you from requiring a Visitor Visa.

 

 

The B-1 Business Visa

When traveling for business, a person must apply for a B-1 visa. Reasons to apply for a business visa include: consulting a business partner, attending a business conference or conference, negotiating an agreement, buying property, and exploring business opportunities. If you are planning to come to the United States for any of these business purposes, you may be eligible to apply for a B-1 visa. Contact or office if you want to learn more about your eligibility.

 

The B-2 Tourism and Visit Visa

People who want to travel to the United States for tourism, vacation, or family reunion should apply for a B-2 visa. This visa also includes people who are entering for medical treatment or to participate in certain types of social or service events in the country. Contact our office  if you want to learn more about the qualifications required to apply.

 

 

Visitor Visa Application and Entering the United States

The application process for a B-2 or B-2 visitor visa may vary depending on the United States Embassy or Consulate where you apply. To apply, you will likely have to fill out an online non immigrant visa application. Once you enter the United States, you may request an extension of your stay prior to the time you specify, but you must leave the United States by the indicated date until your request is granted. It is advised that, upon entry into the United States, port-entry authorities have the right to allow or deny entry into the United States. Therefore, we often recommend hiring an immigration lawyer to make sure your application is properly prepared. We know how to run the process as smoothly as possible, and improve the chances of visa approval.

 

Mandatory Documents for Visitor Visa

 

Passport that is valid for travel to the United States - Passport must be valid for at least 6 months from the period of your stay in the United States (unless exempt from country-specific agreements). Each person who needs a visa must submit a separate application, including any family member listed in your passport.

 

Nonimmigrant Visa Application, Form DS-160 confirmation page.

Application fee payment receipt – If you need to pay before your interview.

Photo –You will upload your photo while completing Form Online Form DS-160. If you get failed to upload your photo, you must bring a printed photo in the format specified in the photograph requirements.

 

Additional Documents Which May Be Required

Review the visa application instructions on the website of the United States Embassy or Consulate where you will apply. Additional documentation may be requested if you are eligible. For example, additional requested documents may include proof of:

  • The purpose of your trip,
  • Your intention to leave the United States after your trip
  • Your ability to pay for all travel expenses.

 

Evidence of your employment or family ties may be sufficient to indicate the purpose of your trip and your intention to return to your home country. If you can't cover all the expenses for your trip, you can show proof that someone else will cover some or all of the expenses for your trip.

 

Note: Visa applicants must qualify based on the applicant's residence and overseas relations, rather than assurances  from united states family and friends. An invitation letter or affidavit is not required to apply for a visitor visa. If you choose to bring an invitation letter or affidavit for your interview, please note that this is not one of the factors used to determine whether to issue or deny a visa.

 

Attending Your Visa Interview

A consular officer will interview with you to determine if you are eligible for a visitor visa. You must establish that you meet the requirements under United States law to obtain a visitor visa.

An ink-free, digital fingerprint scan is taken as part of the application process. They are usually taken during your interview, but vary depending on the location.

After your visa interview, consular officials can determine if further administrative processing is required for your application. Consular will notify you if needed.

Once the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and you may have to make an arrangements for the return of the passport and visa to you.

 

Studying in the United States

Every Year so many international students apply to study abroad in the United States .However, to be able to do so, students will need either an F-1 or an M-1 student visa. These visas do not technically fall into the category of visitor visas and therefore have different rules and requirements. If you would like more information on this topic, visit our page to study in the United States with a student visa F-1.

 

Bringing a Pet to the United States

While the question of bringing dogs or pets to the United States is very unusual, it is something that still needs to be addressed. Dogs and other pets also have immigration criteria that are necessary to allow their owner to enter the United States. If you are interested in learning more please contact us : info@f4india.com 

 

Have You Been Refused a US Visitor Visa?

Not all US visitor visa applications are accepted by Unites States Citizenship and Immigration Services. If you or someone you know has been denied a visitor visa, Contact our office with the US Visa Refusal Letter and find to the next steps. It is important to find to the reasons why you have had your visa application turned down in order to figure out what your next step is and reduce the chances of it happening again.

 

Have You Been Denied Entry to the United States After Applying for a Visitor Visa?

There are so many reasons why you may be denied entry to the United States, some more serious than others. It can be a confusing  and frustrating time trying to come up with a solution. If you have been denied entry to the United States and would like to know more about why this happened or what you can do to correct it, please visit or call or office so that we advise you all about it. 

If you would like to gain more knowledge on the United States visitor visa, call or email , we will share  the secrets to getting a US visitor visa.

 

September,2020

What Happens When You are Denied Entry into the United States at the Airport?

 

Since 2020 ,Tight border security on the rise, the days of easy access to the United States are long gone. Inadmissibility affects many people, but there is hope for some people. The details of your denial are important, and can mean the difference between denial and acceptance. The good news is that if you have tried to enter the United States, and you have been denied entry, you may still have a chance to enter the U.S. 

There are many reasons to enter the United States, including turning you around at the airport. Being turned away at the airport can be inconvenient and too much embarrassing. If you are denied entry to the United States after a long flight, you may be tempted to argue with the airport authorities. Don't argue with airport authorities ,it is not a good idea. Every day so many foreign travellers are denied entry to the United States at the airport terminal.

When you go to the air counter, these 3 things can happen:

  • They apply your return ticket and ask you to go back.
  • They add a fee to change the date of your return flight
  • You need to buy a full fare return ticket to go back.

Immigration officials will conduct background checks on international travellers.

Background denials may include:

  • Criminal history
  • Refusal before entering the United States
  • Suspicion of bad intentions
  • Problems with paperwork
  • Conflicts with travel documents

The most common reason people turn away at the airport is through paperwork. Travellers may have overstay a prior visa or passport allowance. They may also have expired documents.

Very few travellers are denied entry to the united states due to criminal backgrounds issues, but this can be a cause of serious trouble. However, if you have been denied entry into the United States at any point in the past, even for an expired passport, the previous denial is quite reasonable for future denial.

Why Could You Be Denied Entry at United States Airport in 2020?

 

According to the DHS website, travellers may be denied entry to the United States for the following reasons:

  • In the past, illegal work was practiced in the United States.
  • His visa is suspected to be overstay.
  • Suspected of having links with terrorist or criminal organizations
  • Overstay in United States in past history
  • There are not enough funds to support yourself while living in the United States.
  • Inadmissible by Health: Anyone with "communicable disease" or "physical or mental disorder that may be a danger to [person] or others, or endangered" or "addict or drug addict")
  • Being convicted of a felony

What to do when Denied Entry to the United States at the Airport

You will probably standing at the airport terminal when you find out that you have been denied entry to the United States. When you get this bad news, you should follow these steps before doing anything. Arguments with officials  will not help and will usually hurt your case. If you can, consider returning home and consulting with an immigration attorney to make sure you re-enter to the United States. Contact your airline office  if you can get your ticket refunded.

  • Ask for patience: you will get the benefits in the long runoff you can avoid having your record officially entered as denied entry. Call your Attorney first if possible. Samar and F4 India Team have lots of experiences helping people who have been denied admission and can provide guidance that you will need to overturn the decision if possible.
  • Ask follow-up Questions: Stay calm, non-threatening attitude and don't say "NO" to the answer. If you are shown disrespect, keep calm and keep asking questions.
  • Take Notes: You must answer each of your questions regarding your denied entry. Be as detailed as possible.
  • Find a Quiet place to gather your details: You may want to focus on your paperwork at this time. You have probably been given a reason to refuse. Check all documents to confirm your admission denial details.
  • Call a lawyer: If you have not hired a lawyer for such a case, take the opportunity to contact F4-India Immigration law firm and provide details of your case appropriately.

 

The truth is that no one is guaranteed entry into the United States, not even U.S.Citizens. Even if you have the right documents, visa, or legal status, you may still be denied entry to the United States, so it's best to be prepared for the worst.

Denied Entry to United States with a Visa

If you arrive in the United States on a visa and have been denied entry by an immigration official, you can insist on having your case reviewed before a judge. However, if you travel to the United States as a traveler under the visa waiver program, you waive any right to review or appeal an immigration official's determination about your admissibility, or contest any action in deportation.

If you have been denied entry with a visa, you have the right to:

  • A hearing before a judge to determine your admissibility;
  • Administrative Appeals of the Immigration Appeals Board;
  • Judicial review or appeal of any or all of the above decisions.

How F4 India will help you 

Once we find out about your denied access to the United States, we will start working on your case and help  you solve the rejection of your visa. It is very much possible and likely that we will find a solution that will bring you in the U.S. if you follow the steps regarding your rejection as we have advised.


If you have a criminal background and have been rejected for that reason, or if you don't have the right documents, or if you didn’t speak respectfully to U.S. Airport staff, you may be in a dead end case. If you are concerned about being denied entry to the United States at the airport, Attorney can help you take the next necessary steps to get U.S. access  or return home safely for further work on your travel documents.

Why Hire F4 India to Help You With Your Denied Entry Case?

Over the last 12 years, F4 India Law Office have helped countless individuals who thought they had no hope of entering the united states because of their refusal to enter their cases. Our Team has wide experience with U.S.Immigration law has allowed us to help people to enter the U.S. who otherwise would  have not had the opportunity.

Are You Coming to the United States and Are Worried About Being Denied Entry?

If so, Contact F4 India Office today. All our cases are handled by competent and experienced immigration professionals who are affiliated with F4 India. These professionals consist of lawyers, licensed paralegals and consultants who work for F4 India award winning immigration firm that adheres to the highest standards of client service.

 

Ready for the next step? Call or Email Us : +91-6283-5077748,+1-236-881-6631: info@f4india.com

 

September,2020

Have You Overstayed your Visa in the U.S.?

 

 

What is a U.S. Visa Overstay?

An overstay is when you stay in the United States longer than your visa permit allows. All visa expiration dates are listed on Form I-94, and you are expected to leave the United States after your period expires. However, sometimes things happen wrong and you were not able to leave the U.S as you should.

 

What are the penalties of Overstaying a US Visa ?

Once a person overstay with US visas, he/she can face many consequences. These consequences may include inadmissibility/disqualification, entry bar or extension of status and visa violence.

 

What is a US Visa Waiver and How can i get this waiver ?

A united states visa waiver would mean that anyone who overstay can file for a 3-10 years waiver. Although it is difficult to achieve, some immigrants may be eligible if they meet certain criteria. Non-immigrants, although not eligible for the overstay waiver, may be eligible for a general waiver of the inadmissibility after leaving.

 

Steps to take if You have Overstayed your U.S.Visa 

If you overstay your US visa, you have to take these important steps quickly:

  • Contact an immigration attorney
  • Check your eligibility for a waiver
  • Stay on the right side of the U.S.law
  • Be patient and Relax your self.

While there is no guarantee that you will be able to avoid or reduce the penalty of overstay, by following these steps can improve your chances.

 

What You Need to Know about Overstaying Your Visa

It is common for foreign nationals that have entered the U.S. to overstay the time allotted according to their visa restrictions. If this has happened to you, there are a few consequences/penalties, depending on the circumstances.

 

Four Major Consequences of Overstaying a U.S. Visa

 

Overstay may be barred from returning to the United States for 3 or 10 years, depending on the length of time.

Overstays may be restricted beyond a stay or extension of status change

Overstaying will cancel your current visa

Overstays are usually unable to obtain a new visa outside the country of their nationality.

 

Consequence #1: Inadmissibility

3 Years bar: A person who resides in the U.S. after his/her official stay has a term of more than 180 days but less than 365 days, and those who leave the United States before the removal process have three years barred from entering the United States from the date of  departure

 

10 Years bar: A Person who remain in the United States after his/her official stay has exceeded 365 days, and those who leave the United States prior to the removal process are subject to ten years bar from the date of departure and Prohibited from entering the United States.

 

Consequence #2: Bar to Change of Status/Extension of Stay

A Person who remain in the United Staes after his/her authorized period of stay is not able to extend his/her stay in the United Staes or change his/her status to another non immigrant status. In most cases he/she is also barred from adjusting of status from that of a non immigrant to that of an immigrant. 

However, the United States Citizenship and Immigration Services stated that as long as a foreign national files for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is after the date on the I-94 expires.

 

Consequence #3: Visa Violence

Any foreign national's visa that exceeds his/her stay will automatically expire. Immigration is very strict in interpreting and using this arrangement-Immigration is very strict in its interpretation and application of this provision – overstaying by a single day will void your existing visa. A foreign national who has applied for a visa cannot be deported unless he or she has obtained a new nonimmigrant visa in the country of his or her nationality.

 

Consequence #4: No Consulate Shopping

The law stipulates that any foreign national who has stayed beyond his or her official stay in the United States must return to his or her home country to obtain a new visa. You can no longer apply to a consulate that is "more convenient" or close to the United States. If there is no consulate in your home country that issues a visa, the Secretary of state can nominate a third country where he/she can apply for a new visa.

 

Exception to this Consequence

There is one small exception in this rule. If the foreign national can show the extraordinary circumstances , he/she may be allowed to apply for a visa from third country consulate.

i.e. a country that is not a country of his/her nationality. Anyone wishing to take advantage of this exception must seek the consent of a third country consulate before making an appointment and submitting a nonimmigrant visa application.

 

How a Waiver Can Help an Overstay Case

If you have overstayed your visa, you may be eligible for a waiver, which would mean you could avoid the 3 or 10 years bar.

 

Waivers for Nonimmigrants

Although a non-immigrant is not eligible to apply for a waiver in a 3 or 10 year bar, a person can still apply for a general waiver for most grounds of disqualification.

 

Waivers for Immigrants

This rule provides a special 3 or 10 years bar exemption for foreign nationals for a spouse, son or daughter of a united states citizen or permanent resident. This waiver is not available to foreign nationals who has only child those who are United States citizens or permanent residents.

 

In order to receive a waiver, the foreign national must show that their U.S. citizen or permanent resident spouse or parents will have to suffer "Extreme Hardship" if the foreign national himself or herself is a United States Citizen. "Extreme hardship" to foreign national is not Recognized for the purposes of the waiver.

 

Why Legal Help for Overstaying Your Visa is Important

Visa Overstay can have serious consequences repercussions, which can be solved with our legal expert help. A person with an expired visa may face consequences.Time is the essence and the process of getting a waiver is very crucial. Don't hesitate to get F4 India legal help you need.

 

Why Hire F4 India to help you when you have extended your visa?

For overstay cases, there is a high risk you can be caught by the United States Immigration Authorities any day and get deported But if you consult with our experience Attorneys that handles these matters, there may be viable options for you.Please contact us for more details :info@f4india.com