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BASIC OVERVIEW OF WHAT THE U.S. IMMIGRATION LAW DEALS WITH

Immigration Law in the United States is a wide arena to deal with as it encompasses various situations a person might have to encounter relating to traveling from a different country.

 

The most common scenarios and streams of Immigration Law are :

 

  • Visiting the country: Visitors of the United States often come due to the purposes of tourism or meeting loved ones or with medical needs or for social meetings or events.

They go through a process of proving their eligibility for the required visas and go through the application process. For this category, the visitors require a B-2 visitor visa.

For Business purposes, the visitors are required to apply for a B-1 business visa.

 

 

  • Employment in the U.S.: For obtaining access to employment in the United States, it is important for the employee to gain the status of a permanent resident to be able to cater to any job opportunity in any part of the country. But in cases of not qualifying for permanent resident status, they are to apply for a temporary work visa.

 

 

  • Green Card Acquirement: The Permanent Resident Card i.e. the Green Card is given to immigrants or parolees but it has some of the most important criteria to abide by in order to obtain permanent citizenship through this card.

 

It is provided mainly to highly skilled employees and employers, immediate relatives of the citizens of the U.S.A., eligible refugees and seekers of asylum, long time residents. A limited number of Green Card visas are issued and as the process is a tedious and complex one thereby only selected immigrants are eligible for it.

 

  • Naturalization: The process of Naturalization i.e. becoming a naturalized citizen is an extensive procedure with heaps of paperwork, background confirmation, interview, and testing, ending with the mandatory oath of allegiance. Naturalization comes with similar benefits as that of a natural-born citizen of the U.S. thereby this process is a popular one.

 

  • Process of Border entry: The cross-border entry rules might be a cumbersome process but the correct consultancy and the right procedure make the experience painless. The process is incorporated with the subsection of ” Border Entry Rules ” which includes all the border crossing formalities with additional border entry information. The overview mainly is applicable on
  • Lawful Permanent Citizens who are Green Card Holders.
  • Citizens from foreign countries
  • Citizens of Canada and Mexico
  • Trust Traveler programs

 

Visit www.gehilaw.com for more details

For Free Consultation call (718) 263-5999

 

 

 

What is the time frame for visa processing in the United States?

Visa processing in the United States, although is looked after by the most appropriate professionals with laws guarding it, might not be the most predictable procedure in the administrative curriculum of the country.

 

There is no one processing time to predict when it comes to a visa application process in the U.S. As the U.S. administration reviews every application process on a case-by-case footing thereby the reviewing process can vary with the kind of immigration process in concern.

 

Usually, for temporary non Immigrant visas, the time frame goes till a few weeks or months whereas immigrant visa applicants can take up to years. The US visa processing time depends on the type of visa that one is applying for.

After the processing, the applicant is likely to receive a reply of affirmation on the application, and the consulate is to deliver the document. The delivery of the visa can take up to two other workdays.

 

On average, the processing duration for each of the visas is as follows :

  • E1 visa: 2 to 4 weeks i.e. almost a month
  • E2 visa: 4 to 6 weeks i.e. more than a month
  • E3 visa: 2 months
  • F1 visa: A few days, comparatively shorter than the other visa application processes.
  • F2 visa: Few days to 2 weeks i.e. up to 14 days
  • J1 visa: 1 to 4 months
  • Q1 visa: 15 days to 3 months
  • M1 visa: 4 weeks on a minimum
  • B1 visa: Few weeks to 2 months
  • B2 visa: Similar to B1, this takes a duration of a couple of weeks to 2 months too.
  • H1B visa : 3 to 6 months
  • H1B1 visa: 4 to 6 months
  • H2A visa: Generally it takes no more than 120 days but as it is seasonal in nature, the time duration varies.
  • H3 visa: 4 to 6 weeks
  • H4 visa: As it is dependent on the H-type visa holder i.e. a spouse or parent, therefore the time duration depends on the time taken to process their visa.
  • L1 visa : 3 to 4 months
  • L2 visa: 15 days to 1 month
  • R1 visa: 8 to 9 months
  • P1 visa : 3 to 6 months
  • I visa: 10 days
  • O visa: 2 to 3 months
  • C visa: 5 working days
  • T visa: Being dependent on the applicant’s status and the evidence of deserving the visa they provide to the authorities, the duration varies.
  • U visa: 12 to 18 months

 

Applications facing refusal under Section 221(g) of the Immigration and Nationality Act (INA) pending further processing, can take up to 60 days the processing from the date of the visa interview. In certain situations, the processing might take more than 6 months.

 

Applicants who are required to apply for a waiver of ineligibility to obtain the visa should be aware that they might have to wait for up to 6 to 8 months from the date of their interview in order to get a reply.

 

It must be taken note that during cases of emergency, the State Department grants appointments and interview processing in an expedited time frame provided the U.S. embassy or consulate of the country of the applicant is well informed beforehand.