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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.

instability in immigration safety under the us government

Instability in immigration safety under the US government? Here’s the latest update.

 

The Bureau of Immigration (BI) facilities are an integral part of the entire immigration procedure carried out in the United States. The center is authorized to keep track of the functions of the immigrants and the system.

 

The undocumented immigrants are stationed system by Immigration and Customs Enforcement (ICE) after they are seized or detained at the border in the States. Some of them receive a choice: to either stay put at a detention center till the arrival of the date of the order from the Learned Court or leave detention at the cost of a routine surveillance regimen monitoring their daily activities. 

 

The Bureau of Immigration (BI) has previously claimed to have been standing on two significant pillars: I) e-surveillance through ankle monitors, II) case management apps and virtual tracking facilities of superior quality for the monitoring of immigrants in society. 

 

The US government program was launched in 2004 as a “humane” alternative to detention for immigrants waiting for their cases to be heard in court, a surveillance system that was supposed to keep track of people in the program while helping them access social services.

 

Court hearings and final orders of removal. Facing removal proceedings show up to their court hearings. Programs like the Intensive Supervision Appearance Program (ISAP) “are an effective method of tracking non-citizens released from DHS custody who are awaiting their immigration proceedings.”

 

But in a recent investigation, there have been certain revelations regarding the latest technicalities of BI which are not favorable to the protection of immigrants. 

 

Some of the newly recognized issues in the BI, especially in the program of ISAP, are :

  • The case managers do not provide enough encouragement, time, and support to the immigrants. 
  • The ankle monitors used for e-surveillance on the immigrants frequently overheat, causing health imbalances. Or sometimes, the Immigration and Customs Enforcement officers adjust the monitors too tightly on the individuals. 
  • In some cases, during daily updating of the locations, the BI app malfunctions causing problems in the check-in.
  • The protocols in certain cases do not coincide with the well-being of US immigrants.
  • Overpolicing of the officers.

 

Going by the 2022 Immigration and Customs Enforcement data of ISAP, such rigid surveillance can even result in monitoring the daily actions of the immigrants for a year.

 

In fact, most immigrants wear the monitors for more than a year, looking ahead to the court dates. As immigrants who have been enduring unfair treatment with no baleful intentions or objectives against the interests of the country, rather with just the purpose of inhabiting in peace, programs promising undoubted welfare and respect suddenly become a source of torture and national brutality for the people who trust the nation enough to want to continue living there. 

 

These immigrants may have ended up in the United States by family migration, hasty decisions, or due to incidental circumstances; therefore, it is likely that they will wait for a court grant solely for the sake of their families or an innocuous need to find houses for their families. 

 

A number of people have been victimized by false allegations by the department, claiming they tampered with monitors. This further implies inaccurately that the harmless immigrants were trying to avoid the arbitrary requirements for the procedure of granting them a stay in the country. Whereas in several complaints, it has been made clear that the treatment is not always humanly convenient to walk through or keep up with routinely. 

international immigration lawyer in usa

Five Ways to Avoid Getting Your U.S. Spouse Visa Rejected

 

 

Spouse Visa Refusals can be distressing for couples and families hoping to live together and start a new life in the United States, but the decision can be appealed. We’ve had spouse visa petitions denied by U.S. Visas and Immigration.

In Gehi and Associates, lawyers have an in-depth understanding of why spouse visas are refused and can provide expert advice on how to challenge the decision. In addition, if we recommend re-apply, we can provide assistance at the application stage, ensuring that your Spouse Visa application and supporting documentation are submitted correctly, drastically improving your chances of having your visa application approved.

Understanding the Reason for the Visa or Green Card Denial

You probably have some idea of why your immigration application was denied. It’s uncommon for U.S. immigration authorities to deny a case outright. The United States of America has a very precise and specific visa policy that determines whether or not applications are approved. Each application is thoroughly examined, and the majority of candidates are questioned by a consul. The procedure is highly stringent, and many people may find it frustrating and difficult, especially in circumstances of visa denial, when the applicant is left frustrated and unsure of what to do next.

What Are the Common Reasons for a U.S. Spouse Visa to Be Refused?

  • Incomplete Application or Supporting Documentation
  • Visa Qualifications and Immigrant Intent
  • Public Charge
  • Fraud and Misrepresentation
  • Unlawful Presence in the United States

 

 

 

A spouse is a lawfully married man or woman. Same-sex spouses of U.S. citizens and LPRs, as well as their minor children, can now get the same immigration advantages as opposite-sex spouses.

 

A marriage does not qualify for immigration just because the couple lives together.

Depending on the regulations of the country where the common-law marriage occurs, common-law spouses may qualify as spouses for immigration purposes.

Only the first spouse may qualify as a spouse for immigration purposes in circumstances of polygamy.

 

What are the requirements for a spouse visa?

 

Required Documentation

  • Birth certificate.
  • Marriage certificate for the marriage to the U.S. citizen spouse.
  • Divorce or death certificate(s) of any previous spouse(s)
  • Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16.

Seek the advice of a Skilled Immigration Attorney

An immigration lawyer with experience can help you fill out the necessary paperwork for your spouse and advocate on his or her behalf. If you’re applying for adjustment of status, the attorney can also accompany you and your spouse to the green card interview in the United States (which is the final step in the process if you’re applying for adjustment of status rather than going through a U.S. consulate).

 

 

 

What is the Diversity Visa Program (Green Card) Lottery?

 

Green Lottery 2021

 

 

The Diversity Immigrant Visa program, also known as the “Green Card Lottery,” is a U.S. congressionally-mandated lottery program for providing the United States Permanent Resident Card to a hand-picked number of foreign citizens, mainly to the natives of selected countries with historically low rates of immigration to the United States in six geographic regions — Africa, Asia, Europe, North America, Oceania, and the Southern Americas (including South America, Central America, and the Caribbean nations). The list of countries is subject to change each year. 

Every year, the U.S. Department of State randomly selects immigrants worldwide to receive green cards to enter the U.S. These classes of immigrants are known as “diversity immigrants.” Congress implemented this Diversity Immigrant Visa Program to bring in more diversity in the U.S. No more than 55,000 Diversity Visas, or DVs, are granted each year.

 

HOW DOES THE VISA LOTTERY PROGRAM WORK?

Each year, a random computer-generated lottery is drawn to select diversity visas from six geographic regions. For every registration period, only one entry is allowed for each applicant. Any duplication or multiple entries disqualifies the individual from registration for this program. Unfortunately, there are no guarantees that a claimant will be granted a diversity visa, even with a proper application filing.

 

WHAT ARE THE REQUIREMENTS FOR THE VISA LOTTERY PROGRAM?

The two main requirements for the Visa Lottery Program are that the foreign national is from a qualifying visa lottery country and that the foreign national has the requisite education or work experience.

 

LIST OF CURRENT NOT ELIGIBLE COUNTRIES FOR THE DIVERSITY VISA PROGRAM.

For DV-2022, natives of the following countries are not eligible to apply because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Bangladesh, Brazil, Canada, China (mainland born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

 

If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify.

 

  • Is your spouse a native of a country with historically low rates of immigration to the United States? If yes, you can claim your spouse’s country of birth – provided that you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States at the same time.

 

  • Are you a native of a country that doesn’t have historically low rates of immigration to the United States, but in which neither of your parents was born or legally resident at the time of your birth? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2023 program. 

WHAT IS THE EDUCATION OR WORK EXPERIENCE REQUIRED TO QUALIFY FOR THE DV?

To enter the DV program, you must also have either a high school education or its equivalent; or two years of work experience—within the past five years—in an occupation that requires training or experience for at least two years to perform. A “high school education or its equivalent” means completing both elementary and secondary education.

 

OR 

 

Two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform. The Department of State will use the U.S. Department of Labor’s O*Net Online database to determine qualifying work experience.

 

HOW DO YOU ENTER THE VISA LOTTERY PROGRAM?

To get into the visa lottery program, visit www.dvlottery.state.gov and follow the instructions very carefully. As mentioned above, for every registration period, only one entry is allowed for each applicant. Any duplication or multiple entries in a given year disqualifies the individual from registration for this program.

 

HOW DO YOU KNOW IF YOU HAVE BEEN SELECTED?

Applicants will receive notification by regular mail, not electronic mail, between May and July of the following year after their DV Online Entry. After you have been notified, more information and instructions will be sent by the U.S. Department of State. Those applicants who are not selected will not be notified at all.

 

IF YOU HAVE A VISA FROM ANOTHER VISA CATEGORY, CAN YOU STILL APPLY FOR THE

DV PROGRAM?

Yes, you can still apply for the DV program, regardless of any other visa you might hold.

 

IF YOU ARE ALREADY PRESENT IN THE U.S., CAN YOU STILL APPLY FOR THE VISA LOTTERY PROGRAM?

Yes. You can apply for the visa lottery program if you are already present in the U.S. Applications for the visa lottery program can be submitted from the U.S. or abroad.

 

CAN YOU BRING YOUR FAMILY ALONG WITH YOU IF YOU ARE SELECTED TO RECEIVE A DIVERSITY VISA?

Yes. You can bring your spouse and unmarried children under twenty-one (21), although they are not required to accompany you to the U.S. if you are selected.

 

IS THERE A MINIMUM AGE TO APPLY FOR THE E-DV PROGRAM?

There is no minimum age to apply, but the requirement of high school education or work experience for each principal applicant at the time of application will effectively disqualify most persons who are under age 18. 

 

HOW MUCH DOES IT COST TO ENTER A DV PROGRAM?

There is no fee charged for submitting an electronic entry. However, if you are selected and apply for a Diversity Visa, you must pay all required visa application fees at the time of visa application and interview directly to the consular cashier at the U.S. embassy or consulate. If you are a selectee already in the United States and apply to USCIS to adjust status, you will pay all required fees directly to USCIS.

 

FRAUD WARNING FOR DV PROGRAM.

   Gehi & Associates notifies the public of a notable increase in fraudulent emails and letters sent to Diversity Visa (DV) program (Visa Lottery) applicants. The scammers behind these fraudulent emails and letters are posing as the U.S. government in an attempt to extract payment from DV applicants. All applicants should be familiar with information about DV scams provided by the Federal Trade Commission. Applicants are encouraged to review the rules and procedures for the DV program so that they know what to expect when to expect it, and from whom. 

While DV applicants may receive an email from the U.S. government reminding them to check their status online through DV Entrant Status Check, they will not receive a notification letter or email informing them that they are a successful DV entrant. Applicants can only find out if they were selected to continue DV processing by checking their status online through the DV Entrant Status Check.

Finally, remember that fees for the DV application process are paid to the U.S. Embassy or consulate cashier at the time of your scheduled appointment. The U.S. government will never ask you to send payment in advance by check, money order, or wire transfer. 

The Visa Lottery Program may be a great option for you if your ultimate goal is to settle in the United States and you do not qualify for one of the other visa categories. If you belong to a country that qualifies under the Visa Lottery Program and has the requisite educational or work experience, you should continue to apply for the Visa Lottery Program each year to increase your odds of getting chosen for a diversity visa.

 

For any visa-related queries Visit us at www.gehilaw.com  Contact us at 718-263-5999 or Email Us at info@gehilaw.com

The 4 Basic Types of Travel Visas.

 

 

There are many distinct visas required when traveling in a country outside of your own country of citizenship. Travel, business, and work are the common reasons to have to apply for a visa. 

A visa to the U.S. is a document that allows a non-U.S. citizen or non-permanent resident to apply to visit the United States for a particular reason. It is a Non-immigrant Visa for temporary stay or an immigrant Visa for a permanent stay.

Below are the four main sub-types of visa 

Visa Type Description

Type #1: Tourist visa

Type #2: Immigration and naturalization visas (including by marriage)

Type #3: Student visas 

Type #4: Business or work visas 

Type #1 – Tourist or Business Visa Requirements: 

When talking about tourist or business visas, a non-immigrant visa is for a temporary stay for work purposes or holidays, such as attending a conference, touring a destination, or visiting a family member. You can apply for two types of Visas: B-1/B-2 visa. 

B-1 for business associates travel for a scientific, professional, business convention, educational, or conference on specific dates.

B-2 for recreational travel such as tourism, visits with friends and family, medical treatment and activities, social or service activities.

Type #2 – Immigration Visa 

An immigration visa permits another person to stay in a country permanently. This is closely related to the naturalization and citizenship process; the citizenship process, also known as naturalization, is the last step in becoming a full citizen of the U.S. (Note: Go to www.gehilegal.com to study and prepare for your U.S. Citizenship)

Green Card holders should sit tight five years before applying for citizenship. There are different ways to get an immigrant visa through family, employment, investment, the diversity lottery, refugee or asylum status, the Registry, and the director of the CIA.

Type #3 – Student Visa

A student visa (F or M) is required to study in the United States. A student visa is also a non-immigrant visa.

Any foreign national studying in the U.S. will need a U.S. F and M Student Visa. This visa includes the group of visas for academics and educational experts going offshore for particular work trips. 

These types of visas are considered J visas, which might also be considered work visas.

Type #4 – Work Visa 

If you have a good education, skills, and work experience, you may be able to work permanently in the United States by looking for an employment-based immigrant visa.

Some immigrant visa inclinations expect you to have a job offer from a U.S. business. This job will be considered your sponsor. 

Many different types of work visas exist,

E,H,L,O,P,I,TN/TD,J,

Each country wants to ensure that its citizens have priority for the jobs available in that country. Each employment-based visa category contains its requirements for the employment-based visa applicant and their potential employer.

The process of obtaining a visa can be time-consuming and challenging. If you require any assistance from an immigration attorney, consider working with a professional law firm to help you secure your visa before you travel. The firm assists individuals with their primary and complex legal matters. Gehi & Associates attorneys can also acknowledge any questions and assist with preparing anything you’ll need throughout the process.

For more information and advice on US immigration law and US visa applications please contact us  [Call icon] (718) 577-0711 or Email:  info@gehilaw.com or WhatsApp Us now @ +1 (917) 781-0791

 

You can also check our website for more information: 

https://gehilaw.com/practice-areas/immigration-lawyer-nyc/

https://gehilaw.com/visa-types/

 

References:

  1. https://upgradedpoints.com/travel/4-basic-types-of-travel-visas/
  2. https://traveltips.usatoday.com/types-visas-travel-19314.html

H-1B visa approval rates are higher in FY21 as demand rises for tech talent in the U.S.

 

Are you a foreign citizen working as a doctor, lawyer, architect, computer programmer, or research scientist?

If you have at least a baccalaureate or bachelor’s degree and your profession requires highly specialized skills, this visa may be the right one for you!

What is an H-1B Visa?

 The H-1B visa is a non-immigrant, employment-based visa approved by the USCIS only for individual professionals who are temporary workers looking to work in the U.S. for a particular employer. 

 An essential requirement for obtaining an H-1B visa is to ensure that the job qualifies as a “specialty occupation” such as computer professionals, architects, medical doctors (who have passed their USMLE exams), civil engineers, lawyers, researchers, and marketing professionals. 

Every year, up to 65,000 new H-1B visas are issued, with an additional 20,000 being available to those individuals who received a master’s degree or higher from a U.S. institution of higher education. To get this visa, the employer must offer such an employee in the U.S. and sponsor a petition with the U.S. Immigration Department. Once approved by USCIS, this petition can serve as a work permit for the mentioned employer.

 In June 2020, the U.S. Immigration Department overturned two policy memos relating to adjudicating some H-1B visa positions based on the settlement with the U.S.-based IT Industry Body, IT Serve Alliance.

 Recently, in F.Y. 2021, it is seen that the demand for H-1B visas for employees has increased, mainly focusing on technology talent. 

 According to the Economic Times, “Approval rates for H-1B visas in the quarter to June and in the first three quarters of the U.S. financial year were 98.1% and 97%. Respectively, compared to about 84% in 2018 and 2019 during the previous Donald Trump administration which had fallen during the Trump administration as the USCIS started rejecting a higher number of visa applications or asking for additional supporting documents to be submitted.”

If you would like to apply for an H-1B visa through Gehi & Associates

WhatsApp now at +1 (929) 389-1534.

Or for more information and advice on U.S. immigration law and U.S. visa applications, please get in touch with us 📞 (718) 577-0711 or Email: info@gehilaw.com