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  • Blog Feeds
    07-13 12:48 PM
    I am writing the second of a multi-part series of posts on how to bring family relatives to the United States permanently. The first post I wrote provided general information on bringing family relatives to the United States. (See my post, "Can I petition for my relative to immigrate to the United States?" (http://www.californiaimmigrationlawyerblog.com/2009/05/can_i_petition_for_my_relative.html)) This post will focus on how to petition for your brother or sister to come to the United States permanently.

    In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.

    Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.

    Proof of U.S. Citizenship

    You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:


    A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.


    A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.


    A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.


    A copy of your unexpired U.S. passport. OR


    An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.





    More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)




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  • eager_immi
    02-12 10:51 PM
    it will at some point of time but not in this months bulletin or in the near future. Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.




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  • irrational
    06-18 08:28 PM
    My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.

    This is for an EAD Renewal.

    Is it ok if I don't send the I-485 Receipt copy ?

    -Bipin




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  • Phogs
    08-27 04:19 PM
    I went to AZ-DMV showed them my I485 receipt. The representative didn't know about the new ID law that this is enough as a legal document. I need to asked for the supervisor to get my license renewed.



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  • tonyHK12
    11-03 10:35 AM
    "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."

    The answer: A lot.

    John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.

    So to remove 10 million illegal immigrants, it would cost about $65 billion.

    There you go, senators. Will that be cash or charge?


    Interesting...
    I had this precise discussion last week.
    well you have to know that a sizable percentage of illegals are also criminals. My guess is 10-30%. you should know they have a bigger incentive to come here to establish "business"
    No price is too much to deport criminals. As for the regular illegals, there may be a better solution to be debated.

    The criminals should be put in the prison at country of origin. Well we have to pay the police anyway. With criminals there is no option of not spending.

    1 way plane ticket - a maximum of $500-1000.
    Put them in a police bus/army truck = 50-100 per head




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  • texcan
    08-25 10:06 PM
    Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?

    I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.

    To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
    What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.



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  • jliechty
    November 1st, 2004, 10:50 AM
    No.3 and 4 are my favorites.....but No. 4 is the one I wud choose as best. I like the touch of green and the sky is superb. Horizon Line is straight on. The pic is sharp all around, but what really catches me when I first viewed the picture is the "bolt" in the fence.
    I agree, and also agree with FNM's comments about why #1 and #2 don't work for me.

    USCIS release [Archive] - Immigration Voice

    View Full Version : USCIS release





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  • totalvisa
    04-25 08:39 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?



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  • TomPlate
    07-02 09:49 AM
    come once again idily. Sounds to me italy.:mad:




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  • madhu345
    11-05 05:44 AM
    We will Lit 100 Candles by Diwali for sure



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  • loveiv
    08-29 12:20 PM
    We have a wealth of information from A to Z on US Immigration, why dont we ourselves write articles and editorials and get them published in the News Papers, Journals, etc?

    Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.

    Do you folks think this a good option to pursue?

    Is anybody stopping you from doing so?
    "TALK LESS, WORK MORE".




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  • coopheal
    12-02 11:13 AM
    Just an idea without any real effort behind it is dreaming. That will not take us anywhere.

    Therefore, everyone who have tossed around ideas at IV here is your chance to put some real effort to back your seriousness.

    Contribute today and every month so some ideas get chance to be implemented.



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  • bouncer
    09-23 02:26 PM
    Hi bouncer,
    I just wrote a tutorial on how to call custom states programmatically or via code here: http://www.kirupa.com/blend_silverlight/custom_vsm_pg1.htm (the last two pages will be most helpful for you).

    Are you unsure how to call the states, or are you unsure how to detect the direction of mouse movement?

    Thanks,
    Kirupa

    I know how to call the states but not sure about the detection of mouse. I want to call each states on each direction.




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  • istrategist
    03-25 10:13 AM
    Thanks h1bworker! I had a call with their immigration lawyers

    AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.

    The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.

    My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...

    Don't know if there are any other options - may post this as a separate question.


    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

    Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.



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  • morchu
    05-08 04:04 PM
    I would say file EB1-140 alone for now (you can retain Oct 06 priority date for EB1 with proper documentation), wait for its approval, and after the approval of EB1-140, still if your 485 is pending, do an "interfiling" showing your new EB1-140.

    Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.

    Thank you, Ms. Reddy for your prompt reply.
    Do I have to file another I-485? How does it work? Your advice is greatly appreciated.




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  • manderson
    04-30 12:19 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    Thnx agan!!



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  • martinvisalaw
    01-11 03:52 PM
    I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.

    Your can apply for PR while in L-1A status, however if the L-1A expires before you have reached the 3rd step, you need to leave the US. That's why it would have been better to change to H-1B, so that the nonimmigrant status could be extended while the PR process was pending. Even if he is EB-2, it will take at least a year, and much longer if you and your husband were born in or China, before you can file the 3rd step.




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  • CADude
    07-22 06:15 PM
    cool site for analysis. I added mine in http://www..com/usa-immigration-trackers/i485-tracker1/


    If you go to this site: http://www..com/usa-immigration-trackers/i485-tracker1/

    you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
    My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....




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  • cliffmacnab
    04-17 08:14 PM
    the problem is if it works




    ivgclive
    12-09 04:43 PM
    Well its just wasting GC numbers as this person is leaving US anyways, why GC???
    I have seen many people leave US after once they get their GC, how stupid is that?

    That is the BEAUTY of Green Card.

    1. Most of them do not want to stay here, because they don't like something here....
    2. They want to stay back there...
    3. They don't like things back there...
    4. They need an option to come to US anytime in future... (They worked half of their life to aquire this option)

    So from 1 and 3, it is obvious that they don't like to stay in East End or in West End. They can not go to North End (freezing to death) or South End (No place attracting).

    It all says that "They don't like the WORLD".

    So, a slight change in your title "Just a LIFE gone waste".

    God must be crazy and not doing QA after producing these humans.




    vparam
    11-01 09:34 AM
    One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
    The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
    FOR CERTAIN NONIMMIGRANTS

    and this extension is valid till on or before April 25, 2003

    for the following

    And you were last admitted to the United States as a nonimmigrant on or before
    September 30, 2002; and
    � If you are a male, born on or before February 24, 1987; and
    � If you did not have an application for asylum pending on January 16, 2003, or if you are
    not otherwise exempt as described in the attached questions and answers; and
    � If you will remain in the United States at least until April 25, 2003.


    So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....



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