USA Family Visa

F-2 VISA

The F-2 visa is a type of non-immigrant visa which is allowed to  the dependents of F-1 visa holders. The duration of the stay of F-2 visa holder is as long as the duration of the principal F-1 visa holder. You will lose the status and authority of staying in US after the expiration of F-1 visa holder’s term. F-2 visas/status is issued/granted to the F-1 holder’s spouse and unmarried children under twenty-one years of age.

Holders of F-2 are considered to the dependents of F-1 holders. F-2 holders may be entitled to enter and remain in the United States for the duration of the F-1 holder’s authorized duration of stay. Their duration of valid stay is the same as that of the F-1 holder.

The F-2 spouse and minor children of an F-1 student will each be issued an individual SEVIS Form I-20.

EMPLOYMENT OF F-2

The F-2 spouse and children of an F-1 student may not accept employment.

HOW TO APPLY

To apply for an F-2 visa, you need to contact your school’s international student office and request a new I-20 for your dependent. You will likely be asked to provide documents to demonstrate the relationship, such as marriage certificate, birth certificate, notarized certification, etc. You will also need to show evidence of financial resources sufficient to support your family living in the United States. This may include bank statements, pay stubs, affidavits of support, and family savings in your home country.
After receiving a new I-20, the F2 application procedure becomes very similar to applying for an F-1 visa.

One can enjoy the following privileges on F-2 visa:-
1. The F-2 holder can enter the country with his/her spouse or join him/her later.
2. The F-2 holder can travel in and out of the country, or stay in the country continuously as long as he/she maintains a valid status.

H 4 VISA

An H-4 visa is a visa issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders.

These visas are usually issued at the local US consulate office abroad. However, if the person is already in US, he or she can obtain H-4 visa by filing Form I-539 for change of status. The H-4 Dependent Visa allows the dependent spouse and children of any principal H-class visa holder’s entry to the United States and free travel in and out of the country.
The H-4 visa holder is dependent upon the principal H visa holder and will lose their status when the H visa holder loses their status, usually at the end of a period of employment.

DOCUMENTS FOR H-4 VISA

1. DS-156 Form.

2. DS-157 Form.

3. I-797 Form.

4. Passport.

5. One photograph.

6. Original Notice of Action Form I-797 of the Principal Applicant.

7. Form I-129 of the Principal Applicant.

8. Original Marriage Certificate for spouse along with entire wedding photo album.

9. Demand draft of Application Fee issued by Bank.

10. Demand draft for visa issuance Fee.

11. Original Degree Certificates. Better to have everything.

12. Wedding invitation card.

13. Photocopies of the first page, address page and last page of your current passport.

14. All 36 pages of the principal applicant’s passport (if not applying with principal applicant).

15. Copy of the principal applicant’s work experience letters.

16. If your spouse is currently working in the US on an H1-B visa, please submit the pay slips for the current calendar year and federal tax returns (IRS Form 1040 and W-2s) for all the years in which he/she has been employed in the U.S. on the H-1B visa. Submit the primary applicant’s last six months bank statements as well.

17. If applying separately.

18. Photocopy of the Principal Applicant’s valid visa.

19. Statement from H1 holder’s employer (1 original for each applicant) on business stationary,
Showing:

1. Date and nature of employment

2. Salary paid

3. Whether position is temporary or permanent.

 K-1 VISA

A K-1 visa is a dual intent visa issued to the fiance or fiancee of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Cardholder). If a K-1 visa holder does not marry his or her U.S. citizen, petitioner within 90 days of entry, then he or she must depart the United States within 30 days. U.S. citizens who will be getting married to a foreign national in the United States may file a petition for a fiance(e) classification (K-1) for their fiance(e). You and your fiance(e) must be free to marry. This means that both of you are unmarried, and that any previous marriages have ended through divorce, annulment or death.

OVERVIEW OF THE K-1 FIANCE (E) VISA PROCESS

Obtaining the K1 visa is a multi-step process. First, the U.S. citizen will have to file a petition to the U.S. Citizenship and Immigration Services (USCIS). Once that is approved, the foreign fiance will be allowed to complete the process to obtain a K-1 visa. The foreign fiance will provide additional documentation to the local U.S. embassy; attend a medical exam and visa interview.

1. The U.S. citizen files a Petition for Alien Fiance(e) (Form I-129F) with the U.S. Citizenship and Immigration Services (USCIS, formerly known as the INS) office that serves the area where he or she lives.

2. After USCIS approves the petition, USCIS notifies the U.S. embassy or consulate in the country where the fiance lives.

3. The fiance(e) applies for a K-1 visa at the U.S. embassy or consulate in the country where he or she lives.

4. The fiance(e) enters the United States with K-1 visa status and has 90 days to marry with the U.S. citizen.

5. Following marriage, the K-1 visa holder changes status by applying for legal permanent residency (a “green card”).

K-2 Visa

The K-2 non-immigrant visa allows the child(ren) of a K-1 fiance(e) visa holder to enter into the U.S. and await the availability of an immigrant visa. The child of a fiance(e) may receive a derivative K-2 visa from his/her parent’s fiance(e) petition. You, the American citizen petitioner must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiance (e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiance(e) within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

To qualify for K2 visa, you must be:-

  • Less than 21 years old
  • The unmarried child of a K-1 applicant
  • Seeking to immigrate to the U.S

Benefits of K-2 visa

  • Reside in US for 90 days until K-1’s marriage
  • Study in US
  • Work authorization

K-3 VISA (Spouses of U.S Citizens)

The K-3 visa category allows spouses of U.S. citizens to enter the U.S. in a non-immigrant visa category while they wait until they are able to apply for lawful permanent residence status. A K-3 visa holder may bring their child using a K-4 visa.

The K-3 Visa allows the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the (K-4 Visa) spouse’s children to enter the United States as non-immigrants, re-unite with their family here, and then apply for immigrant status while in the country. It is one of several immigration benefit provisions created by the Legal Immigration Family Equity Act (LIFE Act).
Under this new non-immigrant visa classification, spouses of U.S. citizens may be granted K-3 non-immigrant status, and the spouse’s unmarried children (under 21 years of age) may be granted K-4 non-immigrant visa status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.

How to Apply?

For those who wish to apply for a K-3 non-immigrant visa, the Foreign National must:-

1. Be the spouse of a U.S. citizen.

2. Have a Form I-130 filed on his/her behalf by his/her U.S. citizen spouse that is pending with USCIS.

3. Have a Form I-129F completed and submitted on his/her behalf by his/her U.S. citizen spouse to the USCIS.

4. Submit a completed Form I-693 (Medical Examination) when he/she appears at the consulate to apply for the K-3 visa from the Department of State.

K-4 VISA (Children of U.S. Citizens)

The K4 visa is a non-immigrant visa which allows the children of a K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa.

To qualify for K-4 visa, you must be:-

1. Less than 21 years old.
2. The unmarried child of a K-3 applicant.
3. Seeking to immigrate to the U.S.

Benefits of K-4 VISA

1. Can apply for the Work permit.
2. Can travel in and outside the USA.
3. Can study in the USA.
4. Reside in the U.S. with your family while waiting for the approval of your immigrant visa petition.

A child may be eligible for a K-4 visa if:

He or she is unmarried, under 21, and the child of a qualified K-3 non immigrant visa applicant.

Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parents and the USC must have occurred before his or her 18th birthday.

Application Process

Before applying for a K-3 non immigrant visa, please read and understand the limitations of the K-3/K-4 non immigrant visa described below.
To obtain a K-3 non immigrant visa for your spouse, you (the U.S. citizen petitioner) must file two petitions with USCIS on his or her behalf.

Form I-130: First, file a Form I-130 on behalf of your non-citizen spouse. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130. Note: Form I-130 does not need to be filed on behalf of the child of a K-3 beneficiary in order to obtain a K-4 visa. Form I-130 does, however, need to be filed on behalf of the child of a K-3 beneficiary in order for the child to be eligible for permanent resident status.

Form I-129F, Petition for Alien Fiancé (e): Next, file Form I-129F on behalf of your non-citizen spouse after filing Form I-130. Include a copy of the I-797, Notice of Action, indicating that USCIS has received your Form I-130, on behalf of your non-citizen spouse. There is no fee when filing a Form I-129F for a non-citizen spouse (K-3). If your non-citizen spouse has any minor children seeking K-4 non immigrant visas, they should be listed on the I-129F filed on your spouse’s behalf.

L-2 VISA, Family Members of L-1

The L2 visa allows the dependant spouse and minor, unmarried children of qualified L-1 visa holders to enter into the U.S. Immediate family members like spouse and children under 21 yrs can qualify for this visa. In this visa the spouse of the L-1 visa holder can get the authority for employment in US that allows them to work freely, can reside in the U.S. for the duration of the L-1 visa holder’s authorized duration of stay. Study full-time in the U.S. and travel in and out of the U.S. as many times as they want.

Overview

1. The L-2 visa allows the dependent spouse and minor, unmarried children of qualified L-1 visa holders to enter into the U.S.

2. It is only valid for the duration of the spouse’s L-1 visa.

3. The L-2 spouse of an L-1A or L-1B can be authorized to work in the U.S.

4. L-2’s can attend school without changing to another non-immigrant status.

5. The dependents can extend their stay to remain with the L-1A or L-1B.

Benefits

1. You can travel freely in and out of the U.S. while on a valid L-2 visa.

2. You can stay on a long-term basis as long as you maintain valid L-2 status.

3. Your may engage in full-time studies.

4. You can apply for a change of status if you are in the U.S.

Requirements

1. You have to be the spouse or unmarried child of the L-1 visa holder.

2. You must be able to show the relationship to the L-1 visa holder.

3. You are not allowed to work if you are a dependent child on this type of visa.

Forms and Documents

1. Applying for L-2 Visa.

2. DS-156, non-immigrant visa application.

3. DS-157, male applicants between the ages of 16 and 45 years.

Supporting documents such as:-

1. Copy of Marriage Certificate.

2.Copy of Birth Certificate for each one of the applicants.

3. Copy of L-1 spouse’s approved petition.

4. Copy of L-1 holder’s income tax return.

M-2 VISA, Family Members of M-1

The M-2 visa permits the spouse and minor children of an M-1 vocational student to accompany him or her to the United States for a non-academic course of study. In order to be eligible for an M-2 visa, the applicants must have an immediate family relationship with an M-1 vocational student visa applicant holder. More specifically, you must be the spouse or child (unmarried and under the age of 21) of an M-1 student.

On M2 visa, you may:-

1. Study in an elementary or secondary school full time, if you are an M2 child.
2. Study in a vocational or recreational school.
2. Travel in and out of the U.S.

On M2 visa, you may not:-

1. Seek admission in a University if you are an M2 child or spouse.
2. Accept employment.

You may stay in the U.S. on M2 visa as long as the principal M-1 applicant is in status. This may be for one year or for the period necessary for the principal M-1 applicant to complete the course of study plus 30 days thereafter to depart, whichever is less.

Eligibility for M-2 VISA:-

1. That you are the dependent spouse or child under 21 years of the M-1 applicant.
2. That you should intend to enter US temporarily.

Benefits of M-2 visa:-

1. Study in a vocational or recreational school.
2. Travel in and out of the U.S.
3. Study in an elementary or secondary school full time, if you are an M-2 child.

O-3 VISA, Family of O-1, O-2

An O3 visa may be obtained by an O-1 or O-2 visa holder’s spouse and minor children. An O-3 visa holder may remain in the US as long as the O-1 or O-2 visa holder remains in legal status. An O-3 visa holder may change his or her status in the US.

Employment

An O-3 visa holder may not accept employment. He or she must obtain a work visa.

Study

An O-3 visa holder may engage in full or part time study.

For whom is O-3 Visa appropriate?

Spouse and children of O visa holders who wish to visit or accompany the O visa holder to the United States.

What are the requirements for obtaining an O3 Visa?

The spouse and unmarried minor children of the O-1 or O-2 alien beneficiary are entitled to O-3 non-immigrant classification, subject to the same period of admission and limitations as the alien beneficiary, if they are accompanying or following to join the alien beneficiary in the United States. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization.

P-4 VISA, Family Members of P-1, P-2, P-3

This visa applies to the family members and dependants of the P1/P2/P3 visa holders. The dependents will stay for the period till the duration of the principal visa holders. The dependants can study full time or part time.

A P-4 visa may be obtained by a P-1, P-2 or P-3 visa holder’s spouse and minor children. A P-4 visa holder may remain in the US as long as the P-1, P-2 or P-3 visa holder remains in legal status. A P-4 visa holder may change his or her status in the US.

Employment

A P-4 visa holder may not accept employment. He or she must obtain a work visa.

Study

A P-4 visa holder may engage in full or part time study.

For whom is a P-4 Visa appropriate?

Spouse and children of P visa holders who wish to visit or accompany the P visa holder to the United States.

What are the requirements for obtaining P4 Visa?

The spouse and unmarried minor children of a P-1, P-2, or P-3 alien beneficiary are entitled to P-4 non-immigrant classification, subject to the same period of admission and limitations as the alien beneficiary, if they are accompanying or following to join the alien beneficiary in the United States. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization.

T-2 VISA, Spouse of T-1

A T-visa is a type of visa allowing certain victims of human trafficking and immediate family members to remain and work temporarily in the United States if they agree to assist law enforcement in testifying against the perpetrators.

T-2 VISA
This visa is for the Spouse of victims of human trafficking, sex trade or forced labor who are T- 1 visa holders. This visa can be applied by T-1 visa holder. As a T-1 non-immigrant status applicant, you are able to apply for certain family members in conjunction with your own application, or at a later date, with USCIS. Depending on your age, you are able to apply for the following family members:-

If you are: Then you may file for your:
under age 21, Spouse (T-2)
Children (T-3)
Parents (T-4)
Unmarried siblings under age 18 (T-5)
age 21 or older, Spouse (T-2)
Children (T-3)

To file for a family member(s), you, as the T-1 principal visa applicant or visa holder, must submit Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, with the USCIS Vermont Service Center.

U-2 VISA,  SPOUSES OF U-1

This visa is for the victims of certain crimes listed in the law if:-

  • They have suffered substantial physical or mental abuse as a result of being a crime victim.
  • They have information about the crime.
  • They are, have been, or will be helpful to legal authorities investigating or prosecuting the crime.

Approved U-Visa applicants will receive 3 years of temporary legal status and work authorization. At the end of this period, most people with U-visa status will be able to apply for lawful permanent resident status.

U-2 VISA
U-2 Visa is Suitable for Spouse of victims of crime such as rape, domestic abuse or torture.

U-Visa Application Process

Visa Application and Forms
The forms listed below are required in order to apply for the U-visa:

Form I-918 (Petition for U Non-immigration Status);
Form I-918 Supplement B (Non-immigrant Status Certification);
Any additional information you want the USCIS to consider as evidence to establish that you are a victim of one of the qualifying crimes;
A statement of the facts describing the victimization in support of Form I-918;

Fingerprints

  • Form I-918 Supplement A (Petition for qualifying family members of U-1 recipient for each qualifying family member). Your family members are eligible to apply for a derivative U-visa in the following categories:- U-2 (Spouses of U-1 visa holder); U-3 Visa (Children of U-1 visa holder); U-4 Visa (Parents of U-1 visa holder).
  • If you are the principal applicant, you do not need to submit Form I-765 to receive an employment authorization document (you get it automatically). However, your family members will need to submit the form.

R-2 VISA, Family Members of R-1

The R-2 visa is a non-immigrant visa which allows the spouses and unmarried children of R-1 religious workers to enter into the U.S. and reside with their family. Dependents (spouses and unmarried children under 21 years of age) of R-1 workers are entitled to R-2 status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the R-2 classification. Note: Dependents should file for a change of status or extension of stay on Form I-539 (Application to Extend/change Nonimmigrant Status).

Petition Document Requirements

The I-129 petition may be filed by an authorized official of the U.S. organization and must be filed with a written statement from an authorized official of the religious organization that will be employing the alien establishing that the alien has been a member of the denomination for the required two years, a description of the proposed position, and that the alien is qualified for the position, the arrangements, if any, for salary, benefits, and other compensation. The name and location of the place the alien will provide the services. The organization’s affiliation with the denomination.

QUALIFICATION

You must be a spouse or an unmarried child under the age of 21 years of R-1 worker.

DURATION

R- Visa is initially issued for 3 years and can be extended for 2 more years i.e. total 5 years. To extend the visa for 2 more years the person has to file Form I-129, petition for a non-immigrant worker to apply for an extension stay. Your spouse and children must file form I-539.

If the person likes to extend its stay beyond 5 years in US, he/she must reside and be physically present outside US for 1 year.

R-2 VISA, Family Members of R-1

The R-2 visa is a non-immigrant visa which allows the spouses and unmarried children of R-1 religious workers to enter into the U.S. and reside with their family. Dependents (spouses and unmarried children under 21 years of age) of R-1 workers are entitled to R-2 status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the R-2 classification. Note: Dependents should file for a change of status or extension of stay on Form I-539 (Application to Extend/change Nonimmigrant Status).

Petition Document Requirements

The I-129 petition may be filed by an authorized official of the U.S. organization and must be filed with a written statement from an authorized official of the religious organization that will be employing the alien establishing that the alien has been a member of the denomination for the required two years, a description of the proposed position, and that the alien is qualified for the position, the arrangements, if any, for salary, benefits, and other compensation. The name and location of the place the alien will provide the services. The organization’s affiliation with the denomination.

QUALIFICATION

You must be a spouse or an unmarried child under the age of 21 years of R-1 worker.

DURATION

R- Visa is initially issued for 3 years and can be extended for 2 more years i.e. total 5 years. To extend the visa for 2 more years the person has to file Form I-129, petition for a non-immigrant worker to apply for an extension stay. Your spouse and children must file form I-539.

If the person likes to extend its stay beyond 5 years in US, he/she must reside and be physically present outside US for 1 year.

TD VISA, Family Members of TN

A TD visa may be obtained by a TN visa holder’s spouse and minor children. A TD visa holder may remain in the US as long as the TN visa holder remains in legal status. A TD visa holder may change his or her status in the US. A TD visa holder may not accept employment. He or she must obtain a work visa. A TD visa holder may engage in full time study.

REQUIREMENTS OF TD VISA

The spouse or unmarried minor child of a citizen of Canada or Mexico admitted in TN non-immigrant status shall be required to present a valid, unexpired non-immigrant TD visa unless otherwise exempt and shall not accept employment in the United States unless otherwise authorized under the Act.
TD Visa is Suitable For:-

1. Spouse and children of TN visa holders who wish to visit the principal visa holder in the U.S.

2. Spouse and children of TN visa holders who wish to accompany the principal visa holder.

Extending the TD Visa

TN and TD visas are valid for up to three years, and can be renewed indefinitely. Visa regulations are subject to change, however, so make sure you have up-to-date information before beginning the renewal process. You can request an extension by re-applying at the border, or you can send your application to the USCIS Service Center in Vermont. You should begin your application six months before your current visa expires to allow for processing time. You cannot extend your status if the expiration date has already passed.

V-1 VISA, Spouses of U.S. Residents

The V1 visa is a non-immigrant visa which allows foreign national spouses of U.S. Legal Permanent
Residents to enter into the U.S. and await the availability of an immigrant visa.
You may stay in the U.S. on V-1 visa for an initial period of two years. You may apply for further
extension of stay of two years if a visa number is not yet available. The total number of years you may stay on V-1 visa is 10 years.

V-1 Visa is Suitable For:

Spouse of a Green Card holder whose petition was filed on or before December 21, 2000, and has been waiting for at least three years since the petition was filed, but an immigrant visa is not yet available.

Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 visa or V-2 visa or seek V-1 or V-2 non-immigrant status while in the United States, if that person:

1. Is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2).

2. Is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000.

3. Has been waiting for at least 3 years, since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved but an immigrant visa is not yet available or there is a pending application to adjust status or application for an immigrant visa.The derivative child of a V-1 or V-2 non-immigrant is eligible for a V-3 visa or for V-3 status.

How Do I Apply?

If outside of the United States, you should contact the U.S. State Department consular office or embassy to apply for a visa.

If inside the United States, you must file the Form I-539, Application to Change Non-immigrant Status, and Supplement A, and pay the application fee, or request a waiver of the application fee. All aliens 14 to 79 years of age who are filing Form I-539 to obtain V non-immigrant status must submit a service fee for fingerprinting with their application. In addition to the instructions listed on the Form I-539, all aliens applying for V non-immigrant status must follow the supplemental instructions found on Supplement A to Form I-539. Applicants must also undergo a medical examination and submit Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, without the vaccination supplement.

V-2 VISA, Children of U.S. Residents

The V-2 dependent visa is a non-immigrant visa which allows the foreign national children of a U.S. Lawful Permanent Resident to enter into the U.S. and await the availability of an immigrant visa. You may stay in the U.S. on V-2 visa for an initial period of two years. You may apply for further extension of stay of two years if a visa number is not yet available. The total number of years you may stay on V-2 visa is 10 years or till you attain an age of 21 years.

V-2 Visa is Suitable For:-

1. Children of a Green Card holder whose petition was filed on or before December 21, 2000, and has been waiting for at least three years since the petition was filed, but an immigrant visa is not yet available.

2. Children of a Green Card holder whose petition was filed on or before December 21, 2000, and has been waiting for at least three years since the petition was filed, but there is a pending adjustment of status application.

Who is Eligible?

A person may apply at a U.S. consulate abroad for a V-1 visa or V-2 visa or seek V-1 or V-2 non-immigrant status while in the United States, if that person:-

1. is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2); and

2. is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; and

3. has been waiting for at least 3 years since the petition was filed for the status as a Lawful Permanent Resident because the petition is still pending, or has been approved but an immigrant visa is not yet available; or,

5. There is a pending application to adjust status or application for an immigrant visa.

The derivative child of a V-1 or V-2 non-immigrant is eligible for a V3 visa or for V-3 status.

How Do I Apply?

If outside of the United States, you should contact the U.S. State Department consular office or embassy to apply for a visa.

If inside the United States, you must file the Form I-539, Application to Change Non-immigrant Status, and Supplement A, and pay the application fee, or request a waiver of the application fee. All aliens 14 to 79 years of age who are filing Form I-539 to obtain V non-immigrant status must submit a service fee for fingerprinting with their application. In addition to the instructions listed on the Form I-539, all aliens applying for V non-immigrant status must follow the supplemental instructions found on Supplement A to Form I-539. Applicants must also undergo a medical examination and submit Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, without the vaccination supplement.

I-485 Adjustment of Status

Adjustment of Status is the final stage of Green Card. After the completion of this process, the applicant becomes a lawful permanent resident of the US.

An applicant can opt either for I-485 or Consular Processing(CP).

1. File form I-485 – In this case, the applicant can file for adjustment of status using form I-485 for him/herself and family members while remain in US.

2. Consular Processing – In this case, applicant can apply for adjustment of status at the US Consular office in their home country.

DOCUMENTS REQUIRED

The following is a generic list of documents that are require for applying for I-485/AoS application:

1. Form I-485 – Application to Register Permanent Residence or to Adjust Status.

2. Birth Certificate.

3. Copy of Passport page with non-immigrant visa.

4. Color photographs as per new guidelines.

5. Fingerprints ( USCIS will notify when and where to provide finger Print).

6. Form G-325A, Biographic Information (for those between the ages of 14 and 79 years).

7. Employment Letter – on employer’s letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.

8. Copy of your I-797 Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available).

9. Form I-693, Medical Examination of Aliens Seeking Adjustment of Status ( Must be completed by the USCIS authorized physician).

10. Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable your lawyer to represent you.

11. Form I-765, Application for Employment Authorization or EAD ( Optional, if you want Employment Authorization while the case is pending).

12. Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending).

13. You might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), and birth certificates for children and certified copies of any arrests or criminal records, depends on your case.

14. Other then these may be more documents required depending on individual case.

I-824 Follow to join
Eligibility Requirements

In order to qualify to follow-to-join, the following criteria must be met:-

1. The foreign family member must be a spouse or unmarried child (under the age of 21) of the U.S. Green Card holder.

2. If the foreign family member is a spouse, the marriage must have occurred before the Primary Applicant became a Lawful Permanent Resident.

3. If the foreign family member is a child, he or she must have been born before the Primary Applicant became a Lawful Permanent Resident.

Please note that no individuals who married a Lawful Permanent Resident after he or she obtained a Green Card qualify to follow-to-join, or do children who were born after their parent became a Lawful Permanent Resident.

The Process

Generally, consulates require that Form I-824 be filed as a first step. In many cases, the approved Form I-824 is forwarded to the National Visa Center (NVC), which will contact the foreign family members with instructions on applying for the Immigrant Visa. In some situations, it may be possible to start the application process before the Form I-824 is approved.

T-3 VISA, CHILDREN OF T-1
A T-3 is a visa reserved for the child of a T-1 visa holder, a victim of severe forms of trafficking in persons.

REQUIREMENTS FOR T-3 VISA
To qualify for a T-3 visa, the applicant must prove that he or she is the “child” (i.e. unmarried and under 21 years old) of a T-1 non-immigrant.
The child of a T-1 visa holder may be included in the initial T-1 visa application or alternatively, they may file a separate T-3 visa application at a later date.

VALIDITY OF T-3 VISA
A T-3 visa holder is granted status in the U.S. for the period consistent with that of the primary T-1 visa.

U-3 VISA, CHILDREN OF U-1

U-3 Visa is a visa that may be issued to children of victims of crime such as rape, domestic abuse, or torture. U-3 Visa is a child of U-1 Visa. U-1 Visa is issued to victims of crime including rape, torture, incest, domestic violence, and many others when the victims have information that may assist the police. When the U-1 Visa holder is of 21 years of age, the children of the Visa holder may qualify for U-3 Visa. A U-3 Visa holder can apply for permanent residency after 3 years of U Visa non-immigrant status.

U-3 Visa is Suitable for Children of the victims of crime such as rape, domestic abuse or torture.

U VISA APPLICATION PROCESS

Visa Application and Forms

The forms listed below are required in order to apply for the U visa:-

Form I-918 (Petition for U Non-immigration Status);

Form I-918 Supplement B (Non-immigrant Status Certification);

Any additional information you want the USCIS to consider as evidence to establish that you are a victim of one of the qualifying crimes;

A statement of the facts describing the victimization in support of Form I-918;

Fingerprints;

Form I-918 Supplement A (Petition for qualifying family members of U-1 recipient for each qualifying family member). Your family members are eligible to apply for a derivative U visa in the following categories:-
U-2 (Spouses of U-1 visa holder);
U-3 Visa (Children of U-1 visa holder);
U-4 Visa (Parents of U-1 visa holder).

If you are the principal applicant, you do not need to submit Form I-765 to receive an employment authorization document (you get it automatically). However, your family members will need to submit the form.