Beneficiaries of R-1 Visas, presently employed as ministers or involved in a religious profession may have a more uncomplicated path to attaining lawful permanent resident status. All applicants must meet certain requirements in order to obtain a LPR status.
One main difference between the R-1 Visa and a green card is that the applicant of a green card who is a religious worker must prove 2 years of certifying employment under the religious worker status. The R-1 visa offers persons the favor to accomplish the 2 year requirement.
The most basic way for a religious worker to obtain his green card is to first apply for the R-1 Visa; if approved, then he/she will need to work for 2 years and continue the process with same employer or another interested employer. Holding an R-1 Visa might help speed up the green card process.
Overstaying a U.S. Visa can result in some serious ramifications. The moment you overstay your time in the U.S. or you ignore the departure date on your I-94 or the expiry date on your visa, your visa automatically becomes void and you will not be able to apply for a new visa at the Consulate of your home country or any other Consulate.
In many instances, you might be barred from reentering the U.S. for a specific timeframe, depending on the length of time you stayed in the country and whether you qualify for an exception or if you actually accumulated unlawful presence.
Length of Time Overstayed
A set date when a visa recipient must leave the country is provided. This is the date shown on the Form I-94 Arrival/Departure Data. That’s a different date from the visa expiration date.
Normally, sponsoring an immigrant worker is a long process. The U.S. employer is required to first successfully finish the labor certification process also known as, “PERM”. The PERM procedure demands that the U.S. employer coordinates recruitment, releases advertisements for the foreign worker’s future job opportunity and then yields an ETA Form 9089 to the U.S. Department of Labor and confirm that no certified, skilled, American worker is available for the job post.
The DOL will evaluate the submitted information shown on the employer’s ETA Form 9089 will approve or deny the application. Once approved the employer embarks on the second step and files a visa petition Form I-140 with the USCIS.
Once the visa petition is approved by USCIS, the immigrant worker must complete the third step, which is to apply for a U.S. green card with USCIS or the suitable U.S. Consulate.
There are five frequent PERM errors to avoid when filing the ETA Form 9089 and posting advertisements.
Acquiring a U.S. green card, whether family or employment based, has a long procedure. All individuals participating in the process are required to follow, and accurately complete certain steps; submitting their supporting documentation and then wait for a decision to be made from each appropriate U.S immigration department.
If you are the newcomer pursuing an employment based U.S. green card you must qualify before receiving one. Your eligibility is dependent on having a legitimate job offer from a U.S. employer who is willing to sponsor and help you.
Secondly, before a U.S. employer can hire an immigrant worker there are certain steps the employer must follow. Hiring alien workers demands the need for a labor certification on behalf of the foreign national.
Foreign Nationals who intend on pursuing U.S. Government benefits such as a permanent resident status in the U.S, must receive their immigrant visa at the suitable U.S. Consulates in their home country or U.S. Embassy in the United States.
In terms of non-immigrant visas such as tourist/business, student and specialty workers visas, recipients are only allowed to live and work in the United States of America temporarily. An immigrant visa on the other hand, grants a person the right to live and work in the U.S. permanently.
There are 3 types of Immigrant Visas
The interview of an immigrant visa application is done at the U.S. Consulate or Embassy of the foreigner’s home country.
One of the benefits provided by the U.S. Government, is the Diversity Lottery which was established in 1990. However, since 1991, the Attorney General decides which countries will receive the Diversity Visa Lottery program according to the statistical information that has been gathered each year. Each country is evaluated and considered as a High or Low Admission country or region.
The Diversity Visa Lottery is another opportunity for immigrants looking to enter the United States of America, with authorization. However, there are stipulations that all applicants must meet, and there is no guarantee that a foreign national will receive one.
If you consider applying for the diversity visa lottery ensure that you ask questions or ask for legal advice before entering your personal information. Below you will find a series of questions most frequently asked by those interested in legally entering the United States of America.
For those who are interested in pursuing legal entrance into the United States of America through another visa classification, the Diversity Visa Lottery is another open door of opportunity. Applicants must bear in mind that like any other visa category this type of visa has certain stipulations everyone must meet.
The Diversity Visa Lottery has a mandatory application timeframe for 2016 which opened up October 1, 2014 and ended November 3, 2015. All persons wishing to participate must apply early and online through the Department of State website. Registration is free.