The ways a foreign alien may acquire the status of a Permanent Resident of the United States (Green Card Holder) is independent of the grounds of inadmissibility codified in the Immigration and Nationality Act as amended and 8 CFR.
Any person wishing to enter the United States as an immigrant or non immigrant, must be admissible or if inadmissible the person must be statutorily eligible for a Waiver of inadmissibility also contained in the Immigration and Nationality Act.
The Green Card “through the lottery” is one of the ways to acquire the legal residence to the United States However, the person who “won” the right to be a resident through the lottery must be admissible at the time he won his or her right.
If a person is present in the United States and the person is in violation of the immigration laws ( undocumented alien) the fact that he won the right to become a permanent resident through the lottery does not exempt him from the process of establishing that he or she is an admissible alien.
Section 212 of the Immigration and Nationality Act contains the different grounds of inadmissibility that render an alien temporary or permanently barred from obtaining an immigrant visa (Permanent Resident Status).
Unlawful presence is an independent ground of inadmissibility that trigger sanctions that can range from 3 years to up to a 10 years and only certain aliens are eligible to request for a waiver of inadmissibility that if granted will not subject the alien to the 3 or 10 years bar to admission.
In the case of an undocumented alien who won the right to get Permanent Residence in the United States through the lottery process the fact that he was in violation of the immigration laws will possible prevent him from obtaining an approval of his immigrant visa if the period of unlawful presence triggered the 3 or 10 years bar, and if he is not the spouse or parent of a US Citizen or Permanent Resident Alien.
Therefore, having won the right to apply for a permanent resident status will not guarantee the right to become a permanent resident because the alien must still prove that he or she was admissible at the time he or she applied for the benefit.
Depends if your employee has been authorized to work in the United States under a different non-immigrant work visa such as an H1B specialty occupation Category.
Under the current law, an H1B worker is authorized to accept new employment immediately after the prospective employer files a new petition for non-immigrant alien worker under the H1B specialty occupation Category. The existing H1B employment authorization will continue for the H1B worker until the new petition is adjudicated. However, if the new petition is denied, the employment authorization will immediately end resulting in the H1B employee loss of his employment authorization during all the time an appeal is pending.
Based on the legal consequences of a denial of the new petition, it is important that the alien worker and his prospective employer obtain adequate legal advice regarding the probabilities of
an approval or denial of the alien non-worker H1B petition before the alien worker leaves his or her current employment to start working for the new employer.
There are different statutory grounds that will lead to the denial of the petition. Prior violations of the immigration law for example the employee’s prior employment without authorization at any time after admission in any other category such as student or visitor for business or pleasure that could have occurred at some time in the past but that was not an issue at the time the original H1B specialty occupation was filed and approved but that later comes to the attention of the USCIS at the time of the adjudication of the newly filed H1B non-immigrant worker specialty occupation visa.
In all other situations, the right to legally work in the United States is codified and regulated under the INA and the 8 CFR.
At the present, there are working visas that allow a foreign person to enter the United States to work for a USA employer after a non-immigrant or immigrant work visa petition has been filed and approved.
Most working visas ( non-immigrant and immigrant visas) required a labor certification filed and processed with the Department of Labor prior to the filing of an immigrant or non-immigrant working visa petition.
A worker must be authorized to work pending the approval of an immigrant or non-immigrant working visa before that worker can work without violating the immigration laws and jeopardizing his future right to obtain the approval of the visa for which his employer has filed a petition.
As a general rule, no person can legally work until the application is approved except if the alien has requested and the Immigration authorities have granted permission to accept employment while the application is pending
USCIS provides a premium processing service as a faster way to process certain employment based petitions and applications. In using the Premium processing service the USCIS guarantees a 15 calendar day processing time to those petitioners or applicants who choose to pay to use this service or USCIS will refund the premium processing service fee paid. If the fee is refunded based on not meeting the 15 calendar day processing, the case will continue to proceed and receive the expedited processing. Premium Processing Service is requested processing and filing the form I-907 “Request for Premium Processing Service with the USCIS at the correct filing address as noted on the form.
The 15 Calendar period begins when the form is received by the USCIS, and the USCIS will notify the petitioner or applicant within the 15 calendar days by issuing an approval notice, a denial notice, an intent to deny, request for evidence or open an investigation for fraud or misrepresentation.
In the case that the petition or application requires additional documentation or evidence or response in opposition to a notice of intent to deny, a new 15 calendar day period will begin upon receipt by the USCIS of a complete response to their request for evidence or notice of intent to deny.
Until the Present time, the Premium Processing Service is reserved to employment basis petitions only.
Marriage to a US Citizen does not automatically confer a green card on a foreign national. In order for the foreign national to obtain a green card, the US Citizen spouse must file a petition for alien relative processing and filing the Form I-130 together with evidence to establish the validity of the marriage.
The marriage must be valid according to the laws where the marriage took place, and be a bona fide marriage, a marriage and not a marriage of convenience solely entered to obtain an immigrant benefit also known as “shame marriage”.
Despite the fact that US Citizen spouses are not subject to numerical limitations as to visa availability, they are subject to the grounds of inadmissibility contained in section 212 of the Immigration and Nationality Act as amended.
The Foreign spouse still must prove that he is admissible and that he is not barred from admission because of any of the statutory grounds contained in section 212 of the act.
If the foreign spouse is inadmissible pursuant to section 212 of the INA, the alien may or may not have a waiver. A Waiver is a provision also contained in section 212 that permit certain foreigners to obtain the immigration status he or she filed for upon satisfaction of certain elements contained in the waiver provision.
The most common grounds of inadmissibility are unlawful presence, prior immigration law violations, misrepresentation and fraud, medical and public charge grounds.
In the event that the foreigner spouse is granted admission pursuant to his or her marriage to a US Citizen, if the US Citizen filed the Petition for Alien Relative before the second anniversary of the marriage, the Alien Foreigner Spouse is granted “conditional Residence” which conditions the Right to Permanently Reside in the United States to being married to the US Citizen Petitioner and to lift the conditional residence status 90 days prior to the second year after the petition for alien relative ( immigrant visa-green card status-) was granted.
The conditional Residence Status provision was enacted by Congress to deter shame marriages and to prevent marriage fraud.
The Department of Homeland Security will notify the spouses of the need to remove the conditional residence by sending a written notice with instructions as to what form to file and what evidence the parties must submit in support of the application. Once the conditional Residence is lifted, the Foreigner Citizen Spouse becomes Permanent Resident of the United States with all the benefits and privileges the status confers.
F1 visa holders cannot accept off-campus employment at any time during the first year of their studies. Under certain circumstances, the US Citizenship and Immigration Services (USCIS) ma grant permission to accept off campus employment after one year of study. F1 students may accept on campus employment in their university without seeking prior permission from USCIS.
F1 students are not allowed to work off-campus unless authorized by the DSO (designated school official). Off campus employment is authorized by the DSO under extreme financial hardship caused by unforeseen circumstances beyond the student’s control (authorization comes from USCIS upon recommendation from the school). Examples of these situations are, a severe devaluation in the currency of student’s home country, substantial increases in the cost of tuition or cost of living or medical care.
Off campus authorized employment based on sever economic hardship is possible only after the student has been in proper status for at least one full academic year. In addition, there are other conditions to be met and eligibility is determined by the School DSO.
Any other kind of off campus employment is illegal and if caught say person could face deportation or future immigration related work authorization like H1b, Green card, visa stamping as a manner of example. Students should not engage in such employment which is extremely risky and by all means illegal.
The work related visas are codified at the Immigration and Nationality Act as amended and the 8 CFR. Each one of these categories of work visas have their own rules and regulations and they define the right that the alien worker and the alien’s immediate family have once they immigrate to the United States.
The form I-765 is the form used by the USCIS to process a work permit. The form has instructions that indicate which category of aliens can file for a work permit authorization and the grounds for eligibility.
Work Related Visas are divided in immigrant and non-immigrant working visas.
Immigrant working visas lead to Permanent Resident Status and the immediate family of the principal alien is considered a derivative beneficiary and the Permanent Resident Status is conferred to the derivative as a matter of law, and therefore, as a Green Card Holder the immediate relative ( spouse) have the right to work in the United States. Most non-immigrant work related visas don’t extend the right to work to spouses of the principal worker.
Depending of the type and classification of the working visa it is the right of the alien’s spouse to work or not in the United States.
The BCIS website publishes a list of the current forms used by the service to process different types of application including permission to work in the United States. The form I-765 has instructions to help the alien to complete the form and to determine if the person is or not eligible to file for an employment authorization. In order to determine if the spouse of your employee is eligible, you must determine the type of working visa your employee has been granted which normally is identified in the approval of the worker’s petition and his/her work permit and then look in the BCIS I-765 Form Instructions to determine if that classification extends the right to work in the United States to spouses of the principal worker/beneficiary.
If you sponsor an employee as a US employer, the right of such employee to live and work in the United States is tied to the application you filed on his behalf and that is currently being processed by the Bureau of Citizenship and Immigration Services.
In a situation like the one you present in your question, it is your obligation as petitioner to notify the Bureau of Immigration and Citizenship Services that the employee you filed a petition for alien worker is no longer your employee and therefore you are withdrawing the petition.
Because an alien worker has rights under the Labor Laws and for this particular type of visas the employer is responsible for paying some costs associated with the Alien’s need to return to his/her country as all other labor law benefits extensive to workers who are laid off or in the event that they have willfully disengage for personal or professional reasons.
Until you notify the Service of the fact that the employee is no longer working for you, you are still the sponsor and you are responsible before the Immigration authorities to fulfill all the obligations you contracted at the time you filed the application with the Government and with the alien worker.
All depends on the immigration status of your employee.
Any foreigner who leaves the United States Territory is subject to inspection and admission at the time he arrives to the US Port of Entry.
Any people other than a US Citizen, including Permanent Resident Aliens are considered seeking admission to the United States upon their return from a trip abroad. Permanent Residents of the United States seek admission at the port of entry presenting their Green Card Document and their Valid Passport; foreigners with an immigration status lesser than Permanent Residents of the United States seek admission by presenting their unexpired valid travel document and the Visa (except for those who are covered by the Non-immigrant visa waiver program).
A Person who holds a job in the United States must be authorized to accept employment. Employment authorization is tied to a particular type of immigrant or non-immigrant visa and could be a work related visa or family, humanitarian, or other type that confer this right once the application is pending or the application has been adjudicated and granted.
If a person has been present in the United States and has violated the immigration laws by being present without having been inspected and admitted, or by having over stayed their authorized period of admittance; or by violating any of the conditions of his or her particular visa for example accepting employment without having the right to accept employment, the person may have extreme difficulty obtaining a visa to re-enter the United States.
Any person who could face problems to re-enter the United States after a trip abroad must first consult with an experienced attorney to determine the possible consequences of a short trip outside the United States Territory before the person physically leaves the country.
There are different visas to enter the United States; ones are work related visas; others are family related visas, others are humanitarian visas and each one require the existence of certain elements that must be satisfied by the foreigner that permit the American Embassy to determine whether the person is eligible for that particular type of visa.
Tourist visas or visas for pleasure are the most common sought visas and are processed directly abroad.
If a person has work illegally in the United States, and the fact of illegal presence and illegal work comes to the attention of the immigration authorities (department of state consular affairs or inside the United States the Bureau of Citizenship and Immigration Services) the person will be found inadmissible under section 212 of the INA that set the class of aliens that are not eligible to receive a visa (immigrant or nonimmigrant) because of previous immigration law violations.
Some of the immigration grounds of inadmissibility have a waiver, that allows the foreigner to file a waiver with the BCIS that if approved will allow him or her to obtain an immigrant or nonimmigrant visa if otherwise he or she qualifies for the type of visa she or he is seeking to obtain.
Until the present, illegal presence or illegal work are bars to obtain a visa and the waivers are limited to those who have immediate relatives in the United States in the classification of parents or spouses.
If a person is not in valid immigration status or has violated his immigration status, that person shall not depart the United States Country because most probably than not, the person will trigger the 3-10 years bar of inadmissibility and will not be able to legally return to the United States of America.
Yes a visa can be obtained in the United States if certain requirements are met previous to the filing of the petition.
There are two ways to obtain a visa to enter the United States on a temporary or permanent basis.
Under the consular visa process, a foreigner request permission to enter the United States at the American Embassy or Consulate in his/her country of nationality. The person will then be issued a visa that can be a temporary or permanent visa.
Once the person enter the United States at the port of entry, he or she is inspected and admitted by an immigration officer at the port of entry, normally the jurisdiction of the CBP ( Customs and Border Patrol).
A Person then, is issued an authorization to stay that is stamped at his passport that is the authorized period of stay, that depends on the type of visa issued by the American Embassy, American Consulate abroad.
Tourists or visitors for pleasure and or business (B1/B2) are authorized for a maximum period of 6 months, at that time they must depart the United States of America or before the expiration of the authorized period of stay they must file for an extension or change of status to another immigrant or nonimmigrant visa category.
A person can either request for an extension to stay under the current non-immigrant visa, or request for a change of status (new different type or class of visa).
Normally a person is required to obtain a visa in his or her country of nationality and therefore only Canadian citizen should be allowed to obtain a visa in Canada.
There is an exception to the rule, and it is when a person does not have a country of nationality for a particular reason or because the American embassy in the country where the person want to obtain a visa (Canada) accepts to process the application for the visa. Each Embassy has its own rules governing issuance of visas and the person must directly contact the embassy or American Consulate in Canada to ask about their requirements to issue a visa to a person not citizen of Canada.
Citizens of Canada traveling to the United States do not require a nonimmigrant visa, except for the travel purposes described below. Canadian citizens who are inadmissible to the United States under immigration law, or have previously violated the terms of their immigration status in the United States must apply for a visa and have the option of applying for a visa and a waiver at the US Port of Entry (CBP) or at the  nearest U.S. Embassy or Consulate  if it is more convenient for them.
Citizens of Canada traveling to the United States do not require a nonimmigrant visa, except for the travel purposes described below. Canadian citizens who are inadmissible to the United States under immigration law, or have previously violated the terms of their immigration status in the United States must apply for a visa and have the option of applying for a visa and a waiver at the US Port of Entry (CBP) or at the  nearest U.S. Embassy or Consulate  if it is more convenient for them.
Canadians require nonimmigrant visas for temporary travel to the United States for these purposes:.
- Foreign government officials (A); officials and employees of international organizations (G); and NATO officials, representatives, and employees assigned to the United States (NATO)
- Treaty traders (E-1)
- Treaty investors (E-2)
- Fiancé(e)s (K-1)
- Children of fiancé(e)s (K-2)
- Spouse of a U.S. citizen traveling to the United States to complete the immigration process (K-3)
- Children of a foreign citizen spouse (K-4) described above
- Informant supplying critical information relating to a criminal organization (S-5)
- Informant supplying critical information relating to terrorism (S-6)
- Qualified family member (S-7) of an S-5 or S-6 visa holder described above
Permanent residents (landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the Visa Waiver Program (VWP), meets the VWP requirements, and is seeking to enter the United States for 90 days or less under that program
9/11 Criminal backgrounds have been enhanced, a list of countries have been red flag marked as requiring their citizens to undergo a most stringent criminal security background making longer the process of approval and therefore admittance to the US. 9/11 let us remember but also not pay the price of others wrong doings.
From the moment the first plane hit the North Tower, the immigration system in the United States was destined to change.
The attacks on September 11, 2001 certainly didn’t start the country’s immigration debate, but it did alter the course of the discussion.
Immigration was already a staple of the nightly news through the 1990s into the 2000s. After a series of free trade agreements realigned economies in Mexico and Central America, millions of migrants headed to northern Mexico and the U.S. looking for work. Suddenly, securing the U.S.-Mexico border –- what had once been as diaphanous as the line between New York and New Jersey -– became a national priority.
Still, prior to 9/11, President George W. Bush could best be described as an immigration moderate. Many expected Bush, who routinely and proudly spoke Spanish to his constituency, to pass some type of immigration reform. In the Senate, he had a strong ally in Arizona Republican John McCain, who would later cosponsor a reform bill with Democrat Ted Kennedy.
But instead of embracing immigration reform, the country found itself contracting in the decade after the terrorist attacks, according to David Burnham, the co-director of Syracuse University’s Transactional Records Access Clearinghouse (TRAC), an organization that gathers government data.
“After 9/11, the Bush administration tried to see immigration enforcement as a way to fight terrorism,” Burnham said. “And it’s just not.”
While immigration policy has certainly differed during the Bush and Obama presidencies, I decided to take a look at some of the most significant changes to the immigration system since the 2001 terrorist attacks. Obviously this is a topic that could fill up volumes, but we can at least touch on the major themes here.
Criminal Convictions:
In the year 1991 permanent resident aliens who left the country for a short trip where not considered as seeking admission at the time they arrive to the United States Port of entry, therefore, the commission of a crime did not pose the risk that it poses at the present time.
Permanent Resident Aliens are subject to grounds of deportation set under section 237 of the INA. During Deportation proceedings, the government has the burden of proof, therefore, the government bears the burden to prove that the permanent resident alien is a deportable alien.
If a Permanent Resident alien is attempting to enter the United States at any of the port of entries, and his record of criminal conviction appears on the CBP government screening security system, the Permanent Resident Alien can be considered an Alien Seeking Admission and therefore subject to section 212 of the INA, grounds of inadmissibility. Aliens seeking admission are placed on removal proceedings and they have the burden to prove that they are admissible, the government bears no burden of proof other than alienage ( that the alien is a foreigner from another country).
The criminal grounds of inadmissibility are different to the Criminal Grounds of Deportability, therefore a crime that renders an alien deportable does not render an alien inadmissible and vice versa.
Therefore, Lawful permanent residents (LPRs) also known as “green card holders” who have criminal convictions may encounter problems when attempting to re-enter the United States after traveling abroad and should consult an immigration attorney before planning any trips outside of the country.
Starting 2003 the Department of Homeland Security has implemented an airport screening system to identify green card holders with past criminal convictions. Even if a permanent resident has previously been re-admitted to the United States without encountering any problems, he could find himself subject to “removal proceedings” upon a subsequent return to the U.S. based on old criminal convictions, and it has become of most common occurrence than expected.
The rights of aliens at the port of entry are not the same rights than a person inside the United states Territory. The rights to due process and the right to have an attorney are not present and therefore it is more difficult to prevent the commencement of any removal or deportation proceedings than if the person is already admitted to the United States.
Upon returning to a U.S. airport or border transit area, LPRs who have a prior criminal conviction if they are identified are diverted to “secondary inspection” for questioning. Normally they are then given an appointment with the Deferred Inspections Unit which will verify the criminal record and he will be served with a Notice to Appear for a deportation or Removal  hearing in U.S. Immigration Court, depending whether or not the Permanent Resident was considered seeking admission or not.
The Department of Homeland Security’s criminal conviction database is up to date and very accurate. Criminal convictions, even those that may have taken place many years in the past, are most part of the time identified by the authorities and are placed on removal proceedings facing the possibility to be removed/deported to their country of Nationality despite the fact that they have been living for several years in the United States and have been in and out of the US territory multiple times without encountering any type of problem.
Though not every criminal conviction may lead to inadmissibility, certain types of convictions can have serious consequences on one’s immigration status. These include
Conviction of a crime involving moral turpitude;
–       Conviction of a controlled substance violation
–       Conviction for a firearm offense;
–       Conviction of multiple crimes
When you travel abroad and return to the U.S., you force the government to make a decision whether to re-admit you, initiate proceedings to cancel your green card or deport you. Therefore, it is essential to consult an immigration attorney to discuss with you the immigration consequences for the particular crime you have been convicted before traveling outside the United States even for a short period of time.
Yes. Section 212(a) (1) (A)(i) of the Immigration and Nationality Act bars the admission to the United States of any foreigner national that has been diagnosed with certain specific illnesses.
The Department of Health and Human Services (HHS) on November 2, 2009, published a final rule in the Federal Register removing Human Immunodeficiency Virus (HIV) infection from the list of illnesses that make a foreign national inadmissible and unable to get a green card.
The rule took effect on January 4/2010. Therefore, having an HIV infection will no longer make a foreign national inadmissible and therefore ineligible for a green card. There is no need for a waiver.
Immigrant Intent:
Under US immigration law, every alien is presumed to have immigrant intent unless he or she establishes to the satisfaction of an immigration officer at the time of application that he or she is entitled to nonimmigrant status.
Usually this means the applicant must show that he or she has a permanent residence abroad that he or she has no intention of abandoning. If the immigrant fails this test, he or she may not be permitted to enter the US, or may have the visa terminated.
The visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel.
The visa expiration date is shown on the visa along with the visa issuance date. The time between visa issuance and expiration date is called the visa validity. The visa validity is the length of time the person is permitted to travel to a port-of-entry in the United States.
You are not traveling to a United States Port of Entry; you are already present in the United Sates and a Custom Border Protection Officer at the time you arrived to the port of entry issued you an I-94 and stamped on your passport the length of time he authorized you to stay in the United States following inspection and admission.
You can legally stay in the United States until the expiration of your authorized period of stay. However, you will not be able to travel to the United States Port of Entry to seek a new admission unless your visa has been renewed by the American Embassy in your country of Nationality.
Sometimes understanding the difference between the visa expiration date and the length of time a person has permission to remain in the United States can be confusing. These are very different terms.
A U.S. visa in a person’s passport gives a foreign citizen permission to apply to enter the United States. A visa by itself doesn’t authorize entry to the U.S. A visa simply indicates that the person’s application has been reviewed by a consular officer at a U.S. Embassy or Consulate, and that the officer determined the person was eligible to travel to a U.S. port-of-entry for a specific purpose. The port-of-entry can be an airport, a seaport or a land border crossing.
At the port-of-entry, a U.S. immigration officer of the Department of Homeland Security (DHS) decides whether to allow the person to enter and how long the person can stay for any particular visit, as part of the Admission process. Only the U.S. immigration officer has the authority to permit a foreigner to enter the United States.
A marriage of convenience, or “sham marriage” is one that it is entered solely to evade the numerical restrictions limiting immigration to the United States.
The United States Congress did not intend to provide foreign aliens with an easy means of getting around the quota system (availability of immigrant visas) by fake marriages in which neither party ever intended to enter into the marital relationship.
If the marriage is entered for the sole purpose of evading immigration laws, the immigration benefit conferred by the marriage is not available and constitutes a violation of the immigration laws and a crime punishable under the federal and state laws.
Marriage: Same Sex
Yes. After the 2013’s decision by the United States Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, the Secretary of the Department of Homeland Security directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, it  will apply all relevant laws to determine the validity of a same-sex marriage. The domicile state’s laws and policies on same-sex marriages will not bear on whether USCIS will recognize a marriage as valid.
Once you and your partner marry, you can file the petition for Alien Relative, Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.
In addition, a US Citizen who is engaged to be married to a foreign national of the same sex can file a fiancé non-immigrant visa using the Form I-129 F as long as all other immigration requirements are met, a same sex engagement allow the US Citizen Fiance to enter the United States for marriage.
After marrying your partner it is your and your partner decision whether or not to apply for an immigrant status based on the marital relationship existent between the two of you.
Same sex marriages are recognized as valid marriages for purposes of obtaining immigration benefits including but not limited to the right to permanent reside in the United States as a Permanent Resident and the opportunity to apply for United States Citizenship after three years of entering a valid marriage conditioned that at the time of applying for Naturalization the applicant is still married to the US Citizen same sex partner.
Tourist Visas:
There is a presumption that a person applying for a visa at the American Embassy Abroad has an immigrant intent (intent to stay on a permanent basis in the United States) and it is the foreigner’s applicant burden to overcome the presumption.
Several factors are considered at the time of approving or denying a visitor visa. The age of the applicant, his or her ties to his or her country of nationality are crucial factors that permit the American Consul to determine whether or not the person is indeed a visitor for pleasure.
The final decision rest at the hands of the American Embassy/consulate oversees and all the process of filing, processing and ruling on the application is performed by the American Embassy at the Foreigner’s country of nationality.
An American citizen or permanent resident of the United States or any other person with the right to reside and work in the United States may assist in the process of obtaining a tourist visa or visitor for pleasure acting as a sponsor.
Sponsors complete the immigration form identified as Affidavit of Support Form I-134 to show that he or she can financially support the foreign person while in the United States.
In addition to the Form I-134, an employment letter, an statement from his or her employer written on business stationary showing the date and nature of the employment, salary and whether the position is full or part time.
Pay stubs shall be furnished for a period of no less than 3 months, bank statements showing the name of the financial institution, the date when became a customer and the balance for the past three or fourth months and finally, a letter directed to the Consulate, identified as an” invitation letter”, in which the sponsor indicate his or her desire to have the foreigner to come to the United States for a short trip ( tourist purposes only) the plans for the time he or she is in the United States territory and the fact that sponsor will provide the foreigner with food and shelter and all other means for him or her to stay in the United States for the duration of his/her stay in the United States.
The documents herein mentioned are not filled directly with the American Embassy. The sponsor must provide the processed form and the documents to the foreigner for him or her to present to the American Embassy in support to his application for a non-immigrant visitor visa.
Unlawful Presence/Undocumented Immigrants:
Unlawful presence may be triggered either by overstaying the time authorized or by entering into an activity that violates the terms of conditions of status. For example, an alien present on a visitor visa begins to accrue unlawful presence on the day that he or she enters into
Un authorized employment. Unlawful presence is also triggered by the commission of a criminal offense that renders an alien inadmissible or removable.
Once an alien goes out of status, he or she is “unlawfully present” until the Service restores status or he or she leaves the United States.
Here, you entered the United States after inspection and admission by an Immigration Officer and you were granted admission as a visitor for pleasure or tourism pursuant to the issuance of an Arrival and Departure Record Form I-94 that was stapled to your passport at the time you were officially admitted to the United States.
Since 2001 to the present, you have accrued 13 years of continuous unlawful presence and therefore you are in violation of the immigration laws.
Section 212(a)(9)(B)(iii) enumerates instances in which an alien does not accrue “unlawful presence” for purposes of section 212(a)(9)(B):
1.        Time in which an alien is under 18 years of age;
2.        Time during which an alien has a bona fide application for asylum
Pending (unless the alien was employed without authorization at any time
during theperiod that the application was pending).
3.        Time during which an alien is a beneficiary of family unity protection
4.        For those admitted or paroled – time during the pendency or a non-
Frivolous application for change or extension of status (up to a maximum of 120
days)
5.        Those who qualify as a battered spouse or child as provided in section
212(a)(9)(B)(iii)(IV) of the Act.
Unlawful presence makes an alien subject to “removal Proceedings” if the alien is present in the United States and his illegal status is brought to the attention of the USCIS authorities.
In the event that the alien departs the United States territory voluntarily or pursuant to an order of removal section 212(a)(9)(B)(i)(II) of the INA will trigger a 10 year sanction that will prevent the alien from obtaining an immigrant or nonimmigrant visa to the United States unless he or she the spouse or son of a United States citizen or Permanent Resident of the United States and can show that if the immigration violation is “not waived” his or her spouse or parent will sustain “Extreme Hardship”.
Pursuant to section 212(a)(9)(B)(i)(II) of the Act, those aliens “unlawfully present” in the United States for one year or more, who depart or are removed and then seek admission are inadmissible for 10 years. The Attorney General may waive inadmissibility under section 212(a)(9)(B) in the case of an immigrant who can show that refusal of admission would result in extreme hardship to the alien’s spouse or parent who is a citizen or lawful permanent resident. The Service will retain authority to grant the extreme hardship waiver in consular cases (with no administrative appeal available); however, those seeking admission at a Port-of-Entry who seek such a waiver will be referred to an immigration judge (with administrative appeal to the Board of Immigration Appeals, as part of an appeal of a removal order). Form I-724, Application to Waive Inadmissibility Grounds and Permission to Reapply is being designed to accommodate this provision.
Under the current Law, the only way to legalize your status is thru the Removal Proceedings before an Immigration Judge if placed in removal proceedings, or before the USCIS pursuant to Adjustment of Status based on your marriage to a US Citizen pursuant to Section 245 of the Immigration and Nationality Act.
Until April 30 of 2001 aliens unlawfully present in the United States or aliens who violated their non-immigrant status could apply for Adjustment of Status under section 245(i) of the Immigration and Nationality Act if a petition for alien relative (Form I-130) or a Labor Certification with the Department of Labor was filed and the alien applicant paid a penalty in the amount of $1,000 US Dollars.
At the present only those aliens who had an I-130 petition on file or a Labor Certification filed with the Service postmarked April 30/2001 are eligible to adjust status pursuant to section 245 (i).
Therefore, you will be able to legalize your illegal status if you are married to a US Citizen or Marry a US citizen because spouses of US Citizens (immediate relative classification) are not penalized for unlawful periods of presence or engaging in unauthorized employment as long as they entered the United States territory after inspection and admission by an immigration officer at the port of entry or if you are placed in removal proceedings you may qualify for cancellation of removal for certain no permanent residents if you can establish 10 years of physical and continuous presence, you are a person of good moral character and you have qualifying relatives in the form of parents, spouse or children that are United States Citizens or Permanent Residents of the United States and you can establish that if you are ordered removed, your qualifying relative will sustains and “Extreme and Unusual Hardship”.
Aliens inadmissible pursuant to 212(a)(6)(A) of the Act are eligible to apply for adjustment of status under section 245(i) of the Act. However, aliens inadmissible pursuant to section 212(a)(9) of the Act are ineligible for adjustment of status under section 245 of the Act, subject
to the waiver and exception provisions of those grounds of inadmissibility.
Visa Waiver Program:
The Visa Waiver Program (VWP) allows citizens of participating countries  to travel to the United States without obtaining a visa, for stays of 90 days or less for tourism or business. Transiting or traveling through the United States to Canada or Mexico is generally permitted for VWP travelers.
Travelers must be eligible to use the VWP and have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel.
If you are eligible to travel on the VWP, but prefer to have a visa in your passport, you may still apply for a visitor (B) visa.
As a VWP Traveler you can travel to the United States without obtaining a visa for up to 90 days for business purposes.
Business Purposes include the following:
•          Consult with business associates;
•          Attend a scientific, educational, professional, or business convention or conference;
•          Attend short-term training (you may not be paid by any source in the United States with the exception of expenses incidental to your stay)
•          Negotiate a contract
As a VWP traveler you can travel to the United States without obtaining a visa for up to 90 days for Tourism Purposes:
Tourism Purposes:
•          Vacation (holiday)
•          Visit with friends or relatives
•          Medical treatment
•          Participation in social events hosted by fraternal, social, or service organizations
•          Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
•          Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)
Activities not permitted on the VWP and that Require Visas for Travel to the United States:
These are some examples of activities not permitted on the VWP and require visas for travel to the United States:.
•          Study, for credit
•          Employment
•          Work as foreign press, radio, film, journalists, or other information media
•          Permanent residence in the United States
Each Traveler Must have authorization under ESTA.
In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is the Department of Homeland Security (DHS), Customs and Border Protection’s (CBP) automated web-based system to determine eligibility to travel without a visa to the United States for tourism or business.
If arriving by air or sea, you must be arriving on an approved air or sea carrier. You must also have a round trip ticket indicating return passage to a country outside the United States.
If you have had a U.S. visa before or previously traveled to the United States under the VWP or another status, you must have complied with the conditions of previous admissions to the United States, and you must not have previously been found ineligible for a U.S. visa.
You must have a passport that is valid for at least 6 months after your planned departure from the United States (unless exempted by country-specific agreements). For families, each member of your family, including infants and children, must have his/her own passport.
The Problem can be “immigrant and non-immigrant intent”. The fact that you belong to a visa waiver program participant country does not guarantee you the right to enter the United States territory at the time you arrive at the port of entry.
CBP (Immigration Customs and Border Patrol) are in charge of protecting the US Border and are the immigration authorities in charge to determine whether or not a foreign citizen shall be admitted or not and whether or not the foreigner citizen has an “immigrant intent” or the purpose of his or her trip is other than for business or for tourism.
As a citizen of the Country of England you are exempt from the process of applying and obtaining a non-immigrant visa or a visa for pleasure (B1/B2) with the American Embassy in England.
However, as a non-immigrant you have the burden of proof that you meet the statutory requirement for a non-immigrant tourist for pleasure/business visa and at the time of seeking admission at the US Port of Entry (airport) immigration officers can deny you entry even though you have the right to travel up to the port (USA port of entry) pursuant to you being a citizen of a country that is exempt from Visa.
It is very important to understand the difference between having a visa and being admitted or granted admission to the USA upon arrival to the United States Port of Entry.
A visa or visa waiver program members are not guaranteed the right to enter the United States territory but are given the right to arrive to the port of entry (airport) where admission will take place after inspection and questioning by an Immigration officer. The Admission is the process of allowing a foreigner with a visa or as in your case under the visa waiver program to physically enter the United States Territory for a period of time that is included in the form arrival departure record (I-94) and physically stamped in the foreigner’s passport.
Travelers should be aware that by requesting admission under the Visa Waiver Program, they are generally waiving their right to review or appeal a CBP officer’s decision as to their application for admission at the port of entry.
The length of stay is governed by existing rules and regulations and in the case of visa waiver program cannot exceed three months at the time, and in other cases, as holders of non-immigrant visas for pleasure (B1/B2) up to 6 months period that can be extended while in the United States before the expiration of the authorization of stay.
Therefore, the Immigration officer at the port of entry is the only officer in charge of authorizing a foreigner to enter the United States upon the arrival to the port of entry (airport) or another land port of entry, and has authorization to revoke any previously issued visa and order the immediate return of the foreigner to his country of nationality or submit the foreigner to a secondary inspection to determine whether or not the person will be admitted or his or her visa revoked in that case the alien is not admitted but paroled.
d as of April 27, 2011, when the US-VISIT program was instituted as its replacement.
The National Security Entry-Exit Registration System (NSEERS) or INS Special Registration] is a system for registering certain non-citizens within the United States, initiated in September 2002 as part of the War on Terrorism.
Portions were suspended as of April 27th, 2011. ] This system has two separate components: port-of-entry registration and domestic registration. In each case, those who register are fingerprinted, photographed, and interrogated. They are required to provide detailed information about their plans and to update Immigration and Customs Enforcement (ICE) if their plans change. They are only permitted to enter and depart the U.S. through designated ports of entry.
Port-of-entry registration
Port-of-entry registration is required for nationals of Iran, Iraq, Libya, Sudan, and Syria (including those that were born in these countries but have a passport from a different country) Any other non-citizen, non-permanent residents determined in advance by the United States Department of State or the INS, or as they enter the country by INS inspectors. This system began on September 10, 2002.
Domestic registration
Certain non-citizens who were in the United States prior to September 10, 2002, have been required to register in person at an INS office. This procedure is required of males over the age of sixteen who entered the United States legally on particular types of visa (primarily student, work, and tourist) from certain countries. Countries were named on four occasions:
Group 1: Iran, Iraq, Libya, Sudan or Syria
Group 2: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, the United Arab Emirates, Yemen
Group 3: Pakistan, Saudi Arabia
Group 4: Bangladesh, Egypt, Indonesia, Jordan, Kuwait
 The deadlines for registration were December 16, 2002 (Group 1), January 10, 2003 (Group 2), February 21, 2003 (Group 3), March 28, 2003 (Group 4). The deadlines for Group 1 and 2 registration were later extended until February 7, 2003. The deadlines for Groups 3 and 4 were extended to March 21, 2003 and April 25, 2003.
Results of the program
As of May 2003, 82,581 individuals had complied with the domestic portion of the program. Of these, at least 13,153 were placed in deportation proceedings. Although the program originally included a requirement to re-register annually, the Department of Homeland Security, which gained jurisdiction over the program, eliminated this requirement.
NSEERS was indefinitely suspended as of April 27, 2011, when the US-VISIT program was instituted as its replacement.
There are two categories of U.S. visas: immigrant and nonimmigrant. Immigrant visas are issued to foreign nationals who intend to live permanently in the United States. Nonimmigrant visas are for foreign nationals wishing to enter the United States on a temporary basis – for tourism, medical treatment, business, temporary work, study, or other similar reasons.
Immigrant Visa
An immigrant visa is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS). Certain applicants such as workers with extraordinary ability, investors, and certain special immigrants can petition on their own behalf. The application is later forwarded to the appropriate U.S. Consulate or Embassy overseas for continued processing and issuance of the immigrant visa to the intending immigrant, if eligible. An intending immigrant must present the immigrant visa at a U.S. port-of-entry prior to the expiration of the immigrant visa. An intending immigrant becomes a lawful permanent resident once the immigrant visa and accompanying paperwork is reviewed and endorsed by a CBP Officer.
Non-Immigrant Visa
Non-immigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel. Generally, an individual applies directly to the U.S. consulate or embassy abroad for a tourist (B-2) or business nonimmigrant (B-1) visa. However, foreign nationals seeking to enter the United States to study or work may require certain authorization and documentation prior to applying for a nonimmigrant visa.
Issuance of a visa does not guarantee entry to the United States. A visa simply indicates that a U.S. consular officer at an American embassy or consulate has reviewed the application and that officer has determined that the individual is eligible to enter the country for a specific purpose. The CBP Officer at the port-of-entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law.
The Permanent Resident Status does not expire only the issued card Expires and must be renewed before the expiration date as required by the statutory regulations.
A common misconception is that a Person’s Permanent Resident Status Expires when the Card Expires. That is not the case. Only the card expires every 10 ears and not the person’s status as a Permanent Resident of the United States.
A Permanent Resident Document must be renewed for travel purposes or for verification purposes. A person’s Permanent Residence Status remains always as a Permanent Resident unless the person abandons his/her residency ( moving permanently out of the United States as a matter of sample), the Permanent Resident Status is revoked because of violation of the United States Laws, or because the person becomes a United States Citizen.
A person granted Permanent Resident Status has been given the right to permanently live in the United States, however, that right can be divested if the person performs certain acts that can result in the filing of a Notice to Appear that initiates Removal Proceedings because of violation of Section 237 of the Immigration and Nationality Act (grounds of deportation).
At the time a person is required to renew his/her expired Green Card Document, the person is taken his/her biometrics to determine if the person is the person originally granted Permanent Residence (identification purposes) and whether or not that person has committed any criminal act that will cause his/her right to be divested during removal proceedings before an Immigration Judge.
The Immigration and Nationality Act (INA) and the 8 CFR enumerate the different classes of non-immigrant worker visas currently available for foreign workers to temporarily come to work to the United States.
The Temporary (Nonimmigrant) worker Classifications are:
E-1 Treaty Traders
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification
Â
Treaty Countries
| Country | Classification | Effective Date |
| Albania | E-2 | January 4, 1998 |
| Argentina | E-1 | October 20, 1994 |
| Argentina | E-2 | October 20, 1994 |
| Armenia | E-2 | March 29, 1996 |
| Australia | E-1 | December 16, 1991 |
| Australia | E-2 | December 27, 1991 |
| Austria | E-1 | May 27, 1931 |
| Austria | E-2 | May 27, 1931 |
| Azerbaijan | E-2 | August 2, 2001 |
| Bahrain | E-2 | May 30, 2001 |
| Bangladesh | E-2 | July 25, 1989 |
| Belgium | E-1 | October 3, 1963 |
| Belgium | E-2 | October 3, 1963 |
| Bolivia | E-1 | November 09, 1862 |
| Bolivia | E-2 | June 6, 2001 |
| Bosnia and Herzegovina 11 | E-1 | November 15, 1882 |
| Bosnia and Herzegovina 11 | E-2 | November 15, 1882 |
| Brunei | E-1 | July 11, 1853 |
| Bulgaria | E-2 | June 2, 1994 |
| Cameroon | E-2 | April 6, 1989 |
| Canada | E-1 | January 1, 1993 |
| Canada | E-2 | January 1, 1993 |
| Chile | E-1 | January 1, 2004 |
| Chile | E-2 | January 1, 2004 |
| China (Taiwan)Â 1 | E-1 | November 30, 1948 |
| China (Taiwan)Â 1 | E-2 | November 30, 1948 |
| Colombia | E-1 | June 10, 1848 |
| Colombia | E-2 | June 10, 1848 |
| Congo (Brazzaville) | E-2 | August 13, 1994 |
| Congo (Kinshasa) | E-2 | July 28, 1989 |
| Costa Rica | E-1 | May 26, 1852 |
| Costa Rica | E-2 | May 26, 1852 |
| Croatia 11 | E-1 | November 15, 1882 |
| Croatia 11 | E-2 | November 15, 1882 |
| Czech Republic 2 | E-2 | January 1, 1993 |
| Denmark 3 | E-1 | July 30, 1961 |
| Denmark | E-2 | December 10, 2008 |
| Ecuador | E-2 | May 11, 1997 |
| Egypt | E-2 | June 27, 1992 |
| Estonia | E-1 | May 22, 1926 |
| Estonia | E-2 | February 16, 1997 |
| Ethiopia | E-1 | October 8, 1953 |
| Ethiopia | E-2 | October 8, 1953 |
| Finland | E-1 | August 10, 1934 |
| Finland | E-2 | December 1, 1992 |
| France 4 | E-1 | December 21, 1960 |
| France 4 | E-2 | December 21, 1960 |
| Georgia | E-2 | August 17, 1997 |
| Germany | E-1 | July 14, 1956 |
| Germany | E-2 | July 14, 1956 |
| Greece | E-1 | October 13, 1954 |
| Grenada | E-2 | March 3, 1989 |
| Honduras | E-1 | July 19, 1928 |
| Honduras | E-2 | July 19, 1928 |
| Iran | E-1 | June 16, 1957 |
| Iran | E-2 | June 16, 1957 |
| Ireland | E-1 | September 14, 1950 |
| Ireland | E-2 | November 18, 1992 |
| Israel | E-1 | April 3, 1954 |
| Italy | E-1 | July 26, 1949 |
| Italy | E-2 | July 26, 1949 |
| Jamaica | E-2 | March 7, 1997 |
| Japan 5 | E-1 | October 30, 1953 |
| Japan 5 | E-2 | October 30, 1953 |
| Jordan | E-1 | December 17, 2001 |
| Jordan | E-2 | December 17, 2001 |
| Kazakhstan | E-2 | January 12, 1994 |
| Korea (South) | E-1 | November 7, 1957 |
| Korea (South) | E-2 | November 7, 1957 |
| Kosovo 11 | E-1 | November 15, 1882 |
| Kosovo 11 | E-2 | November 15, 1882 |
| Kyrgyzstan | E-2 | January 12, 1994 |
| Latvia | E-1 | July 25, 1928 |
| Latvia | E-2 | December 26, 1996 |
| Liberia | E-1 | November 21, 1939 |
| Liberia | E-2 | November 21, 1939 |
| Lithuania | E-2 | November 22, 2001 |
| Luxembourg | E-1 | March 28, 1963 |
| Luxembourg | E-2 | March 28, 1963 |
| Macedonia, the Former Yugoslav Republic of (FRY) | E-1 | November 15, 1882 |
| Macedonia, the Former Yugoslav Republic of (FRY) | E-2 | November 15, 1882 |
| Mexico | E-1 | January 1, 1994 |
| Mexico | E-2 | January 1, 1994 |
| Moldova | E-2 | November 25, 1994 |
| Mongolia | E-2 | January 1, 1997 |
| Montenegro 11 | E-1 | November 15, 1882 |
| Montenegro 11 | E-2 | November 15, 1882 |
| Morocco | E-2 | May 29, 1991 |
| Netherlands 6 | E-1 | December 5, 1957 |
| Netherlands 6 | E-2 | December 5, 1957 |
| Norway 7 | E-1 | January 18, 1928 |
| Norway 7 | E-2 | January 18, 1928 |
| Oman | E-1 | June 11, 1960 |
| Oman | E-2 | June 11, 1960 |
| Pakistan | E-1 | February 12, 1961 |
| Pakistan | E-2 | February 12, 1961 |
| Panama | E-2 | May 30, 1991 |
| Paraguay | E-1 | March 07, 1860 |
| Paraguay | E-2 | March 07, 1860 |
| Philippines | E-1 | September 6, 1955 |
| Philippines | E-2 | September 6, 1955 |
| Poland | E-1 | August 6, 1994 |
| Poland | E-2 | August 6, 1994 |
| Romania | E-2 | January 15, 1994 |
| Serbia 11 | E-1 | November 15,1882 |
| Serbia 11 | E-2 | November 15,1882 |
| Senegal | E-2 | October 25, 1990 |
| Singapore | E-1 | January 1, 2004 |
| Singapore | E-2 | January 1, 2004 |
| Slovak Republic 2 | E-2 | January 1, 1993 |
| Slovenia 11 | E-1 | November 15, 1882 |
| Slovenia 11 | E-2 | November 15, 1882 |
| Spain 8 | E-1 | April 14, 1903 |
| Spain 8 | E-2 | April 14, 1903 |
| Sri Lanka | E-2 | May 1, 1993 |
| Suriname 9 | E-1 | February 10, 1963 |
| Suriname 9 | E-2 | February 10, 1963 |
| Sweden | E-1 | February 20, 1992 |
| Sweden | E-2 | February 20, 1992 |
| Switzerland | E-1 | November 08, 1855 |
| Switzerland | E-2 | November 08, 1855 |
| Thailand | E-1 | June 8, 1968 |
| Thailand | E-2 | June 8, 1968 |
| Togo | E-1 | February 5, 1967 |
| Togo | E-2 | February 5, 1967 |
| Trinidad & Tobago | E-2 | December 26, 1996 |
| Tunisia | E-2 | February 7, 1993 |
| Turkey | E-1 | February 15, 1933 |
| Turkey | E-2 | May 18, 1990 |
| Ukraine | E-2 | November 16, 1996 |
| United Kingdom 10 | E-1 | July 03, 1815 |
| United Kingdom 10 | E-2 | July 03, 1815 |
| Yugoslavia 11 | E-1 | November 15, 1882 |
| Yugoslavia 11 | E-2 | November 15, 1882 |
In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with the USCIS.  Spouses and Children Seeking Dependent Nonimmigrant Classification and who qualify for dependant nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. .Â
In all nonimmigrant classifications except B, C, D, K, and V, the principal alien’s spouse is entitled to derivative nonimmigrant classification. The consular officer must be satisfied that a valid marital relationship exists. If the spouse is applying in company with the principal alien, the determination that the principal alien is eligible for one of the nonimmigrant classifications is sufficient to establish that the spouse is eligible for the corresponding derivative classification.
Non-Immigrant Temporary Work Visas not always extend the right to accept employment to the principal spouse. Currently, Spouses of an E1/E2 Treaty Trader or Investor, Spouses of a E3, Spouses of an L1 Intra company transferee and Spouses of an E-2 CNMI investor have the right to obtain work permit authorization as a derivative beneficiary of the principal alien worker.
H-1B´s:
1) I have an H-1B visa. Can I work at more than one job?
A:
2) I have an H-1B visa and I want to change my job, how long will it be before I can change jobs?
A:
Two-year Home Country Requirement:
1) What is the two-year home country requirement?
A:
2) How do I know if I am subject to the two-year home country requirement?
A:
3) If I am subject to the two-year home country requirement do I have any recourse?
A:
4) I came to the United States as a J-1 visitor and my spouse is a J-2. Is my spouse subject to the two-year home country requirement as well?
A:
For purposes of an E-1 Visa, which countries are designated as “Treaty Trader” countries?
A:
E-1 Treaty Traders
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification
Treaty Countries
| Country |
Classification |
Effective Date |
| Albania | E-2 | January 4, 1998 |
| Argentina | E-1 | October 20, 1994 |
| Argentina | E-2 | October 20, 1994 |
| Armenia | E-2 | March 29, 1996 |
| Australia | E-1 | December 16, 1991 |
| Australia | E-2 | December 27, 1991 |
| Austria | E-1 | May 27, 1931 |
| Austria | E-2 | May 27, 1931 |
| Azerbaijan | E-2 | August 2, 2001 |
| Bahrain | E-2 | May 30, 2001 |
| Bangladesh | E-2 | July 25, 1989 |
| Belgium | E-1 | October 3, 1963 |
| Belgium | E-2 | October 3, 1963 |
| Bolivia | E-1 | November 09, 1862 |
| Bolivia | E-2 | June 6, 2001 |
| Bosnia and Herzegovina 11 | E-1 | November 15, 1882 |
| Bosnia and Herzegovina 11 | E-2 | November 15, 1882 |
| Brunei | E-1 | July 11, 1853 |
| Bulgaria | E-2 | June 2, 1994 |
| Cameroon | E-2 | April 6, 1989 |
| Canada | E-1 | January 1, 1993 |
| Canada | E-2 | January 1, 1993 |
| Chile | E-1 | January 1, 2004 |
| Chile | E-2 | January 1, 2004 |
| China (Taiwan) 1 | E-1 | November 30, 1948 |
| China (Taiwan) 1 | E-2 | November 30, 1948 |
| Colombia | E-1 | June 10, 1848 |
| Colombia | E-2 | June 10, 1848 |
| Congo (Brazzaville) | E-2 | August 13, 1994 |
| Congo (Kinshasa) | E-2 | July 28, 1989 |
| Costa Rica | E-1 | May 26, 1852 |
| Costa Rica | E-2 | May 26, 1852 |
| Croatia 11 | E-1 | November 15, 1882 |
| Croatia 11 | E-2 | November 15, 1882 |
| Czech Republic 2 | E-2 | January 1, 1993 |
| Denmark 3 | E-1 | July 30, 1961 |
| Denmark | E-2 | December 10, 2008 |
| Ecuador | E-2 | May 11, 1997 |
| Egypt | E-2 | June 27, 1992 |
| Estonia | E-1 | May 22, 1926 |
| Estonia | E-2 | February 16, 1997 |
| Ethiopia | E-1 | October 8, 1953 |
| Ethiopia | E-2 | October 8, 1953 |
| Finland | E-1 | August 10, 1934 |
| Finland | E-2 | December 1, 1992 |
| France 4 | E-1 | December 21, 1960 |
| France 4 | E-2 | December 21, 1960 |
| Georgia | E-2 | August 17, 1997 |
| Germany | E-1 | July 14, 1956 |
| Germany | E-2 | July 14, 1956 |
| Greece | E-1 | October 13, 1954 |
| Grenada | E-2 | March 3, 1989 |
| Honduras | E-1 | July 19, 1928 |
| Honduras | E-2 | July 19, 1928 |
| Iran | E-1 | June 16, 1957 |
| Iran | E-2 | June 16, 1957 |
| Ireland | E-1 | September 14, 1950 |
| Ireland | E-2 | November 18, 1992 |
| Israel | E-1 | April 3, 1954 |
| Italy | E-1 | July 26, 1949 |
| Italy | E-2 | July 26, 1949 |
| Jamaica | E-2 | March 7, 1997 |
| Japan 5 | E-1 | October 30, 1953 |
| Japan 5 | E-2 | October 30, 1953 |
| Jordan | E-1 | December 17, 2001 |
| Jordan | E-2 | December 17, 2001 |
| Kazakhstan | E-2 | January 12, 1994 |
| Korea (South) | E-1 | November 7, 1957 |
| Korea (South) | E-2 | November 7, 1957 |
| Kosovo 11 | E-1 | November 15, 1882 |
| Kosovo 11 | E-2 | November 15, 1882 |
| Kyrgyzstan | E-2 | January 12, 1994 |
| Latvia | E-1 | July 25, 1928 |
| Latvia | E-2 | December 26, 1996 |
| Liberia | E-1 | November 21, 1939 |
| Liberia | E-2 | November 21, 1939 |
| Lithuania | E-2 | November 22, 2001 |
| Luxembourg | E-1 | March 28, 1963 |
| Luxembourg | E-2 | March 28, 1963 |
| Macedonia, the Former Yugoslav Republic of (FRY) | E-1 | November 15, 1882 |
| Macedonia, the Former Yugoslav Republic of (FRY) | E-2 | November 15, 1882 |
| Mexico | E-1 | January 1, 1994 |
| Mexico | E-2 | January 1, 1994 |
| Moldova | E-2 | November 25, 1994 |
| Mongolia | E-2 | January 1, 1997 |
| Montenegro 11 | E-1 | November 15, 1882 |
| Montenegro 11 | E-2 | November 15, 1882 |
| Morocco | E-2 | May 29, 1991 |
| Netherlands 6 | E-1 | December 5, 1957 |
| Netherlands 6 | E-2 | December 5, 1957 |
| Norway 7 | E-1 | January 18, 1928 |
| Norway 7 | E-2 | January 18, 1928 |
| Oman | E-1 | June 11, 1960 |
| Oman | E-2 | June 11, 1960 |
| Pakistan | E-1 | February 12, 1961 |
| Pakistan | E-2 | February 12, 1961 |
| Panama | E-2 | May 30, 1991 |
| Paraguay | E-1 | March 07, 1860 |
| Paraguay | E-2 | March 07, 1860 |
| Philippines | E-1 | September 6, 1955 |
| Philippines | E-2 | September 6, 1955 |
| Poland | E-1 | August 6, 1994 |
| Poland | E-2 | August 6, 1994 |
| Romania | E-2 | January 15, 1994 |
| Serbia 11 | E-1 | November 15,1882 |
| Serbia 11 | E-2 | November 15,1882 |
| Senegal | E-2 | October 25, 1990 |
| Singapore | E-1 | January 1, 2004 |
| Singapore | E-2 | January 1, 2004 |
| Slovak Republic 2 | E-2 | January 1, 1993 |
| Slovenia 11 | E-1 | November 15, 1882 |
| Slovenia 11 | E-2 | November 15, 1882 |
| Spain 8 | E-1 | April 14, 1903 |
| Spain 8 | E-2 | April 14, 1903 |
| Sri Lanka | E-2 | May 1, 1993 |
| Suriname 9 | E-1 | February 10, 1963 |
| Suriname 9 | E-2 | February 10, 1963 |
| Sweden | E-1 | February 20, 1992 |
| Sweden | E-2 | February 20, 1992 |
| Switzerland | E-1 | November 08, 1855 |
| Switzerland | E-2 | November 08, 1855 |
| Thailand | E-1 | June 8, 1968 |
| Thailand | E-2 | June 8, 1968 |
| Togo | E-1 | February 5, 1967 |
| Togo | E-2 | February 5, 1967 |
| Trinidad & Tobago | E-2 | December 26, 1996 |
| Tunisia | E-2 | February 7, 1993 |
| Turkey | E-1 | February 15, 1933 |
| Turkey | E-2 | May 18, 1990 |
| Ukraine | E-2 | November 16, 1996 |
| United Kingdom 10 | E-1 | July 03, 1815 |
| United Kingdom 10 | E-2 | July 03, 1815 |
| Yugoslavia 11 | E-1 | November 15, 1882 |
| Yugoslavia 11 | E-2 | November 15, 1882 |