Immigration Services - Further Details

Home Website Immigration Services - Further Details Last updated on: 1/7/20091/7/2009 Total Hits883

2.1. Visa and Consular Services
Most readers have either first-hand knowledge of the difficulties to be encountered at the United States Consulates and Embassies when applying for visas, or have heard the horror stories. Consular officials of the United States Department of State are empowered with great discretion in deciding to issue or refuse visas.

Pacifica Consultants facilitates processing of US Non-immigrant and Immigrant visa applications filed at US Consulate at New Delhi. In cooperation with US attorneys and paralegals experienced in US immigration matters, Pacifica consultant’s team provides a full range of consular services, including:

• Consultations regarding visa eligibility.
• Procurement of support documents.
• Filing of applications with US Consulate at Delhi and with the USCIS in the United States.
• Scheduling visa appointments and requesting expedited processing.
• Preparation and guidance for interviews and travel.
• Processing of requests for Waiver of Inadmissibility.
• Assistance with US citizenship and passport applications.
• Liaison with local posts to ensure compliance with processes, procedures and documentary requirements.

Contact our office for further assistance.

2.2. Non-immigrant Visa Processing
Visas are required whenever an individual seeks admission to the United States. The visa is the ticket that allows him to present himself for admission to the United States. Upon admission, the individual is issued an "I-94" arrival and departure record, which indicates the status in which the individual has been admitted and for what length of time.

There is a wide array of nonimmigrant visas available for entry into the United States. These visa categories are commonly referenced by their alphabetic indicator. Pacifica Consultants will help you navigate the immigration alphabet soup and find the most appropriate nonimmigrant visa category. Contact our office for further assistance.
 

Type of Visa

General Purpose for Entry

B-1 VISITOR VISA

For short-term business purposes. To enter the U.S. temporarily in order to conduct business in the U.S. on behalf of an employer abroad.

B-2 VISITOR VISA

Visitor for pleasure. To enter the U.S. temporarily in order to engage in activities for pleasure.

F-1 VISA

Student visa. To study at an academic (non-vocational) institution (high school, college, university, or language school).

H-1B VISA

For temporary workers in a specialty occupation. To work in a "specialty occupation." i.e. an occupation requiring the theoretical and practical application of a body of highly specialized knowledge, which requires a minimum of a bachelor’s degree for entry into the occupation.

H-3 VISA

Temporary Trainee. To enter U.S. temporarily to participate in a formal company training program.

J-1 VISA

Exchange visitor. Temporary visitor to give or receive training or to participate in approved exchange visitor program to teach, study, observe, conduct research, consult, or demonstrate special skills.

L-1A / L-1B VISA

For intra-company transferee, including transfers to subsidiaries or affiliates. To work as an executive, manager, or worker with specialized knowledge in a parent, subsidiary, affiliate, or representative office in the U.S.

O VISA

For aliens with extraordinary ability. To work in the United States in the applicant’s area of extraordinary ability.

P VISA

For cultural exchange programs. To participate in an international cultural exchange program that allows employment authorization.

2.3. Permanent Residence/Immigrant Visa Processing
Primarily, there are two ways of obtaining permanent residency in the United States.

Family Based Immigration:

Family-based immigration of spouses, relatives, and dependents involves a multi-step process. First, U.S. Citizenship and Immigration Services ("USCIS") approves an immigrant visa petition for an alien relative, which must be accompanied by proof of the relationship. Delays are common, and petitioning relatives are encouraged to begin the process as soon as possible in order to establish the foreign national relative's place in line for an immigrant visa, even if the petition may not be decided for some time. Once an immigrant visa number is available to him or her, if the foreign national relative is already in the U.S., he or she may apply to adjust status to lawful permanent resident. If the foreign national relative is outside the U.S. and an immigrant visa becomes available, he or she must go to a U.S. consulate servicing his or her area of residence to apply for an immigrant visa.

Eligibility to sponsor a relative to immigrate to the United States includes a number of issues. For example, the sponsor must prove that he or she is a U.S. citizen or lawful permanent resident, and that he or she can support the relative at 125% above the mandated poverty guideline. Relationships potentially eligible for immigration through sponsorship by a U.S. citizen include a spouse, parents, siblings and children. Relationships potentially eligible for immigration through sponsorship by a lawful permanent resident include a spouse, unmarried children (under 21 years old) and unmarried sons or daughters (21 years or older).

Family members who wish to immigrate to the U.S. are classified into categories based on the preference system. At the top of the list are immediate relatives of adult U.S. citizens, including parents, spouses, and unmarried children under the age of 21. The remaining categories of relatives must wait for an immigrant visa number to become available under the following preference categories:
 

First Preference

Unmarried adult sons and daughters of U.S. citizens 21 years of age or older.

Second Preference

Spouses of lawful permanent residents, their unmarried children (under 21), and the unmarried sons and daughters of lawful permanent residents.

Third Preference

Married sons and daughters of adult U.S. citizens.

Fourth Preference

Brothers and sisters of adult U.S. citizens.

Employment Based Immigration:

Obtaining permanent residence (a "green card") through employment is a multi-step process. First, USCIS must approve an immigrant petition, which is usually filed by an employer on behalf of the applicant. Second, an immigrant visa from the Department of State must be available, even if the applicant is already in the United States. Some immigrant visa categories are subject to an annual quota that limits the number of individuals who can be granted lawful permanent residence in any one fiscal year (from October 1 through September 30).

Even if USCIS approves an immigrant visa petition, a visa number may not be available immediately. In some cases, given that visa availability under the annual quota is limited by country of birth and by visa preference category, several years may pass between the time the immigrant visa petition is approved and the time a visa number becomes available. Third, if the applicant is already in the U.S., he or she may apply to adjust to permanent resident status after a visa becomes available. Applicants outside the U.S. when an immigrant visa becomes available must go to a U.S. embassy or consulate to complete processing.

In most employment-based categories, a labor certification application must be approved by the U.S. Department of Labor before a U.S. employer can file an immigrant petition for a foreign worker. Eligibility requirements vary depending on the type of work to be performed and the qualifications of the foreign worker. There are five categories of employment-based immigrant visas:
 

First Preference

Applicants with Extraordinary Ability EB-1(a);
Outstanding Researcher/Outstanding Professors EB-1(b); and
Managers and Executive Transferees EB-1(c).

Second Preference

Professionals holding an advanced degrees; and
Baccalaureate degree holders with at least five years progressive experience in the profession.

Third Preference

Skilled Workers, Professionals holding Baccalaureate Degrees and other Workers.

Fourth Preference

Workers in Religious occupation or vocation; and
Other special immigrants.

Fifth Preference

Immigrant visa based on investment and job creation.

Pacifica Consultants provides experienced counsel, legal representation and step-by-step immigrant visa case preparation and processing assistance. Schedule a consultation with our office for further assistance.

2.4. Legal Immigration Issues
Apart from applying for visa and getting one, there might be several issues that you may have to encounter, for e.g. immigration consequences of criminal activity, Misrepresentation and fraud issues, waivers for overstays and waivers specific to some visa categories etc. Pacifica Consultant has associations and works with immigration experts and lawyers in the United States.

If you have any immigration related legal issues, contact our office for further assistance.

2.5. Consult an Immigration Lawyer
This will have my brief biography and then a intake form. ADD VIVEK’S PROFILE HERE

Pacifica Consultant

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