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Newsgroups: alt.visa.us,alt.answers,news.answers
Path: bloom-beacon.mit.edu!hookup!news.kei.com!MathWorks.Com!europa.eng.gtefsd.com!howland.reston.ans.net!pipex!uunet!widget!mahesh
From: mahesh@evb.com (B.G. Mahesh)
Subject: FAQ : alt.visa.us GC and Citzenship questions and answers (part 6 of 6)
Message-ID: <CnJu82.16p@evb.com>
Followup-To: alt.visa.us
Summary: Frequently Asked questions for alt.visa.us (GC and Citizenship)
Keywords: FAQ alt.visa.us Green card and citizenship
Reply-To: mahesh@evb.com
Organization: EVB Software Engineering, Inc.
Date: Thu, 31 Mar 1994 21:55:14 GMT
Approved: news-answers-request@MIT.Edu
Lines: 403
X-Disclaimer: Any opinions expressed are strictly those of the
poster and not necessarily those of EVB.
Xref: bloom-beacon.mit.edu alt.visa.us:4305 alt.answers:2277 news.answers:17064
Archive-name: us-visa-faq/part6
Last-Modified: March 31, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mahesh@evb.com]
Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part6. To get the FAQ by
E-mail, you should send a message to mail-server@rtfm.mit.edu with
send usenet/news.answers/us-visa-faq/part6
in the body of the message.
Please see part1 of this faq for standard disclaimers.
Questions marked with a + indicate questions new to this issue;
those with significant changes of content since the last issue
are marked by *:
Labor/GC
--------
Q. How many days/weeks/months does it take to get a Labor Clearance
for GC?
A: [from B.G. Mahesh, mahesh@evb.com]
This depends on the state you reside. After you send in the responses
for your advertisement it can take anywhere from 4 weeks to 6 months
[assuming the labor department did not find any problem with your case]
Q. What is involved in the labor certification?
A: [from B.G. Mahesh, mahesh@evb.com]
o Prepare a job description for the job being offered.
o Job must be "permanent".
o Alien must be paid at least the minimum wages prevalent
for the job in the geographical area of employment.
o You need to advertise the job for 10 business days in your office
o Advertise for 3 consecutive days in a newspaper.
DOL [dept of labor] will send in all the responses they get
for your advertisement and your employer needs to justify why
you are better than other applicants. If the DOL doesn't approve
your labor then you can't apply for labor clearance for the next
6 months.
Q. Does the employer need to show the company's finances?
A: [from B.G. Mahesh, mahesh@evb.com]
Basically the employer needs to demonstrate that the company is
financially sound and it can afford to employ you. So your
employer may have to show the company's finances.
Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
A: [from B.G. Mahesh, mahesh@evb.com]
You can apply for GC with H-1B but it is advisable to wait for about
3-6 months after you get H-1B to apply for GC.
Q: If one were waiting for a GC date to become current,
after one got one's labor certification AND the 6 year
limit on H-1B expires while waiting, will one have to
leave the country ?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
Yes, unless you are close enough to getting a green card so
that your adjustment of status application can be filed, so
that you may get a work permit through pendency of adjustment
status.
Q: Will all the GC wait come to a naught in this case , or can
one wait for it outside the country ?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
You can MOST certainly wait outside the country.
Q: When Labor Certification has been recieved, is H-1B still the
operating visa, or do you fall under some new status ?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
Mere receipt of labor certification does not change your status.
You have to apply to the INS for change of status.
Q: Can one apply for GC through an employer while on H-1 for
another employer?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
Yes. The labor cert is for a job in future, which is
currently available to test the labor market. It is open
for US workers. The "alien" may only accept it upon receiving
his/her permanent residence. The H-1, however, is for an entirely
different job.
Q: Can an applicant qualify for a GC without going through
Labor Certification?
A: [from Jaap Akkerhuis, jaap@tempel.research.att.com ]
To qualify as an outstanding professor or researcher, INS requires
meeting at least two of six criteria as follows:
(1) Receipt of major prizes or awards for outstanding
achievement in the academic field.
(2) Membership in associations requiring outstanding achievements
for their members.
(3) Published material in professional publications written by
others on behalf of the person's work in the academic field.
(4) Evidence of the person's participation either individually or
a panel as the judge of work of others in the same or allied
academic field.
(5) Evidence of the person's original scientific or scholarly
research contributions in the academic field.
(6) Evidence of authorship of scholarly books or articles in
scholarly journals with international circulation in the
academic field
In addition, the person must have at least three years of experience
in the academic field. Such work while working on an advanced degree
is not acceptable unless the person obtained the degree and the person
had full responsibility for classes taught or, for research conducted
toward the degree, it has been recognized within the academic field as
outstanding. Such evidence can be in the form of letter or letters from
current or former employers.
So note that a PhD is not required (I don't have one).
Q: What category spouses of GC holders fall under?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
Family preference 2A.
Q: What is the waiting period for such cases?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
As of December 1993:
Appx. 2.5 to 3 years for India.
Q: And, I had heard that there was a bill up for vote. Do you have
any information on this?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
The proposed special noimmigrant "S" visas were never voted
on in Congress. The bill is on the back burner.
Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
A: [from B.G. Mahesh, mahesh@evb.com]
You will get a temporary green card as soon as you marry
a US citizen. After 2 years that card will get a permanent
GC [You have to prove/show to INS that the marriage is genuine].
Q. Does a parent (green card holder) who has filed for a green card for
his/her unmarried child who is under 21 years of age, have to file
another petition if the child turns 21 while waiting for the green card?
A: [from Suresh, sur@hrojr.hr.att.com]
NO, the petition is automatically moved from category 2A (unmarried
children under the age of 21) to category 2B (unmarried children over
the age of 21--I'm not sure if this category includes married children
also). The 2B category moves much slower than 2A.
Q: Can GC holders sponsor for their parents GC?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
US GC holder can *only* sponsor his/her spouse and unmarried children.
Q: If I gained lawful permanent resident status (LPR) through a
previous marriage, can I petition for my current spouse to immigrate
to the US based on my LPR?"
A: [From Brandon Nutter, bnutter@silver.ucs.indiana.edu]
You may NOT file an I-130 (Petition for Alien Relative) for
E. A husband or wife if you gained lawful permanent resident status
by virtue of a prior marriage to a United States citizen or lawful
permanent resident unless:
1) a period of five years has elapsed since you became a lawful
permanent resident; OR
2) you can establish by clear and convincing evidence that the
prior marriage (through which you gained your immigrant status)
was not entered into for the purpose of evading any provision of
the immigration laws; OR
3) your prior marriage (through which you gained your immigrant
status) was terminated by the death of your former spouse.
Q: What does "current" mean?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
"Current" means there is no waiting involved. All people
qualified for the category in question can immediately apply
for adjustment of status (if within U.S.) or an immigrant visa
(if outside the U.S.).
GC Lottery
----------
Q: What is DV1 [Green Card] Lottery Program?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
The program is NOT finalized yet. It is expected to be
finalized in March 1994. Applications for the program will
probably begin to be accepted in May. Please note, at this
point, NOTHING is final.
Q: How does it work and who are not eligible from participating in
this program?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
There is an annual limitation of 55,000 visas per year for
diversity immigrants. The U.S. Attorney General (acting
through INS) will establish numerical visa quotas for each
country. "Natives" of each country will compete amongst
themselves for the quota for that country. "Native" is being
defined as born within the territory of the foreign country,
or entitled to be charged for immigration purposes to that
foreign state pursuant to section 202(b) of the INA.
The following countries may be excluded from the DV-I program
for 1995: Canada, the Dominican Republic, El Salvador, India,
Jamaica, Korea, Mexico, the People's Republic of China,
the Philippines, the United Kingdom and Vietnam (may
be even Colombia, Haiti, and Taiwan).
Q: Which countries are included in the DV-1 program?
A: [From Duncan Frissell, frissell@panix.com]
If you were born in any of the following countries, you
can apply:
Albania, Algeria, Argentina, Austria, Belgium, Canada,
Czech Republic, Denmark, Estonia, Finland, France (including
Guadeloupe & New Caledonia), Germany, Hungary, Iceland, Indonesia,
Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg,
Monaco, The Netherlands, Norway, Poland, San Marino, Slovakia, Sweden,
Switzerland, Tunisia, and the United Kingdom of Great Britain and
Northern Ireland (including Bermuda & Gibraltar).
Q: Who would be eligible under the proposed regulations ?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
To be eligible, a person:
1. Must be a native of a low-admission foreign state
(determined by the Attorney General in every Fiscal Year);
2. must have at least a high
school education or its equivalent (successful completion of
twelve years of elementary and secondary education in the
United States or successful completion in another country of
a formal course of elementary and secondary education
comparable to completion of twelve years' elementary and
secondary education in the United States);
or
within the five years preceding the date of application for a
visa, must have two years of work experience in an occupation
requiring at least two years training or experience;
3. May be in the United States or in a foreign country; and
4. Who is in the United States need not be in lawful status.
No more than one petition may be submitted by, or on behalf of,
any individual for consideration during any single fiscal year.
Q: What are the proposed procedures?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
I. Form: The petition shall consist of a sheet of paper
on which there shall be typed or legibly printed in the Roman
alphabet the petitioner's name; date and place of birth
(including city and county, province or other political
subdivision, and country); name[s] and date[s] and place[s] of
birth of spouse and child[ren], if any; and a current mailing
address.
II. Submission: A petition shall be submitted by mail to
the address designated by the Department for that purpose. The
Department shall establish a period of not less than thirty
days during each fiscal year during which petitions for
consideration during the following fiscal year may be
submitted. Each fiscal year, the Department shall give timely
notice of both the mailing address and the exact dates of the
application period, through publication in the Federal
Register and such other methods as will ensure the widest
possible dissemination of the information, both abroad and
within the United States.
III. Mailing:
o Petitions must be submitted by normal surface or air mail only.
o Petitions submitted by hand, telegram, fax, or by any means
requiring any form of special handling/acknowledgement will
be rejected.
o The petitioner must type or print using the Roman alphabet,
on the upper left-hand corner of the envelope in which the
petition is mailed,
his or her full name and mailing address,
the COUNTRY of which he or she is a native,
as shown on the petition itself, because of
the need to sort the envelopes into six groups according to
region, identification of the country of which the alien is a
native on the envelope becomes indispensable. The Department
will reject any envelope which does not bear this information.
o Envelopes shall be between 6 and 9 inches (15 cm to 24 cm) in
length and between 3 and 1/2 and 4 and 1/2 inches in width (9
cm to 11 cm). Envelopes not conforming these specifications
will be rejected.
Note : *PLEASE* do not ask Rajiv Khanna any questions regarding
GC lottery. If he receives any additional info the net will
be informed immediately.
US Citizenship
--------------
Q: What is the time-frame to get U.S. citizenship if the spouse is
an U.S. citizen?
A: [from Ashish Nedungadi, ashish@eng.umd.edu]
The spouse of a US citizen gets a CONDITIONAL green card "immediately"
after marriage. After 2 years, the conditionality of this green card
is removed(after successfully proving to INS that the marriage is
legitimate). The spouse is eliglible for his/her citizenship after
3 years of receiving the CONDITIONAL green card.
In a nutshell,
3 years after obtaining one's green card(including the CONDITIONAL one)
If you want to get more technical ["technical" may not be
the right word :-)]
[from Rajiv S. Khanna, rskhanna@access.digex.net]
(a) Any person whose spouse is a citizen of the United States may by
naturalized upon compliance with all the requirement of this title
except the provisions of paragraph (1) of section 316(a) if such
person immediately preceding the date of filing his application for
naturalization has resided continuously, after being lawfully admitted
for permanent residence, within the United States for at least three
years, and during the three years immediately preceding the date of
filing his application has been living in marital union with the
citizen spouse, who has been a United States citizen during all of
such period, and has been physically present in the United States
for periods totaling at least half of that time and has resided
within the State or the district of the Service in the United States
in which the applicant filed his application for at least three months.
+Q: Who can apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Persons who are 18 years of age or older, who are lawfully
admitted permanent resident aliens and who meet certain
requirements (see question 3) may apply for citizenship.
Aliens who have served in the armed forces of the U.S. are
eligible for citizenship under special provisions.
+Q: When can I apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Five years from the date of entry as a lawful permanent resident.
If married to and living with citizen spouse in marital union for
atleast 3 years before filing the application, the residence period
is shortened to 3 years. You can file the application one month
before the residence requirement is met. Also, you have to be a
resident for 3 months in the state or INS district where you
are filing the application.
+Q: What are the requirements for U.S. Citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
There are four main requirements that must be met by every applicant.
(a) Basic literacy in the English language.
(b) Knowledge of U.S. history.
(c) Five years of residency in the U.S.
(d) Good moral character.
+Q: Under what conditions can I be denied U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
(a) If you advocate or if you are a member of any organization
that is opposed to organized government (i.e., if you preach
and practice anarchy).
(b) Membership in communist organizations.
(c) If you advocate the overthrow of the U.S. Government by force,
sabotage, violence or terrorism.
(d) If you publish any material advocating the methods of item (c).
(e) Exemption from services in the armed forces of the U.S.
(unless the alien status does not permit the individual to
serve on the armed forces or if the alien had served in the
armed forces of his/her own country).
(f) Desertion from military forces and draft evasion results in
permanent ineligibility for citizenship.
+Q: Can citizenship once granted be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
You bet.
+Q: Under what conditions can my citizenship be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
If your behavior is not well disposed to the good order and happiness
of the U.S. or if you concealed your wartime activities when applying
for visas to enter the U.S. after World War II. Also, for example you do
one of the following:
(a) Refusal to testify before a congressional committee regarding
alleged subversive activities within 10 years after becoming a
U.S. citizen.
(b) Establish permanent foreign residence within 5 years after becoming
a U.S. citizen
(c) Membership in an outlawed organization within 5 years after becoming
a citizen.
Denaturalization proceedings may be instituted against you for (a)-(c).
REFERENCES:
[1] Nancy-Jo Merritt, "Understanding Immigration Law," Makai Publishing group,
Scottsdale, Arizona, 1993.
--
B.G. Mahesh | Email: mahesh@evb.com
Software Engineer | mahesh@sett.com
EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us