Tag Archives: immigrate to the United States

The famous Form DS-260 (immigrant visa form) is the form where many people who are looking for immigrant visa must fill. Among those people are people who are the DV lottery winners, who are supposed to fill this particular form.

What is DS-260 form, immigrant visa form? What are the key information or key things you need to pay attention when you’re filling this form?

This form is in different categories or different areas.

• Personal information

In order to fill this form and compete well, you need to have good information, the correct information about your educational level and work experience.

If you don’t have high school, you depend on work experience, then you have to put work experience in a very explanatory way so that you’ll be able to get the visa without any particular problem.

But while you’re filling this form, in order to complete this form, you need to have the address of where you’ll be staying in the United States of America. Many people don’t get the opportunity to have what is called “a host”.

So make sure that you find different ways to get the host, to get a person where you’re going to stay with, family or maybe a friend, whatever you are from your countryman that will be able to help you. There’s the address where you’ll be staying in the United States of America.

Apart from that one, other things will be very important. You have to fill them. Have the address where you’ve been staying, the name of your parents, your name, where you go to school, criminal record, what your intention in the United States, etc.

Once you submit that form, you’ll not be able to make any change. But if you want to make any change, you have to ask KCC, Kentucky Consular Center, to unlock your case number.

To unlock, you don’t need to give the reason. You put on the subject your name, your case number, and your date of birth, and then you ask them to unlock your case number, your DS-260, and want to make changes.

When requesting for unlocking of your DS-260, you don’t need to give the reason for that, maybe that you want to change because child is born or because someone died in the family, he’s not able to come. You don’t need to give all this explanation for that particular case.

Note: Once the interview schedule has been done, you cannot make any changes in your DS-260 form anymore. That is the time when the U.S Embassy will be able to have access to your DS-260. But if you go and make any change before the U.S embassy schedule interview date, U.S Embassy will not see that one.

Those edits, those changes you’re going to put are not in the final copy until the final submission and the visa interview schedule date has been set, then embassy will have that access.

Question: Can I edit or change information/anything or details of my DS-260, immigrant visa form, after submitting? Will the U.S Embassy see those changes?

If you are the DV lottery winner, when you submit your DS-260 form, it goes to KCC (Kentucky Council Center). Once you send the information, your form is locked, that means you cannot make any particular change.

You can make changes only if you ask KCC to unlock the DS-260. The request is very simple. You put your case number, you put your birthday and your name. On the body you just write them, “Please Unlock My DS-260 I want to make changes”.

You don’t need to explain the reason of that particular change. Once you make the unlock, you can make any particular change. The changes, the edits you do, it’s between you and the DS-260. Those changes will not be appearing or the U.S Embassy will not see all those when you are going to make those changes.

But once the DS-260 is fully locked and you are given the visa scheduled date, the second notification letter, that is when the U.S Embassy in the country were you are supposed to do the interview will have the access to that edited DS-260 form. That’s when they will see the final DS-260 with everything there.

They will not know whether you remove the name, you changed the name, you were single, you say you are married, etc, they will only see the final version of everything.

Yes, you can make changes with that particular procedures, but don’t worry they’re not going to see those information/changes at the U.S embassy.

Question: If you have a family, do you fill more DS-260 forms for your derivatives?

Let say for example, you are a family of six or more, does it mean that you will have to fill six DS-260 forms, or is it just one DS-260 forms and all derivatives will fall within the same?

When you go to fill the form DS-260, you fill as a main applicant, principal applicant. They will ask you a question, are you married? You will choose “Yes”. You put the information for your wife.

Are you coming with you a spouse, husband or wife? Do you have kids? You put their names there.

When you finished filling everything on your case. Then on the same page you signed in, there is an option called “Add Derivative”.

You click Add Derivative, then it comes another page. That page you are going to fill the information, the name, date of birth, full information of your son or your daughter, you will fill it there. After filling all the information, everything, then you add another derivative.

Within one DS-260, you have the option to click another derivative, if another page comes in, all will be done in a column.

So under the principal applicant, it will be derivative one, derivative two, derivative three, derivative four, derivative five, etc. As the principal applicant, you’re going to add all derivative.

If you don’t create their own page within your DS-260 form, it means they are not going to be given the visa. Because they will use your case number and everything.

You sign in one, but inside you are going to create extra pages, to add derivative in that particular sense.

DISCLAIMER: This post and content is designed for general information only and is NOT legal advice. This site is not offering any Diversity Visa and is not the official site for DV Lottery program. The information presented in this post should not be construed to be formal legal advice.

This is a recent update posted on the Official Twitter account of U.S. Citizenship and Immigration Services (USCIS) concerning how to apply U.S Work Permit if Paroled as a Cuban, Haitian, Nicaraguan, or Venezuelan.

Its read…..

“If you were paroled into the U.S. through the processes for Cubans, Haitians, Nicaraguans, and Venezuelans, then you can apply for a work permit. You can begin the application process by creating a USCIS online account and filing Form-I-765 online.”

Paroled into the U.S. as a Cuban, Haitian, Nicaraguan, or Venezuelan? With this recent update from USCIS, you can now Apply for a Work Permit.

The recent update from USCIS further state below:

You are likely eligible to apply for an employment authorization document (EAD) to legally work in the United States if:

• You were recently paroled into the United States and that parole remains valid; or
• You have applied for asylum and that application has been pending for at least 150 days.

If you have not already started the EAD application process, you can begin by creating a USCIS account online and filing Form-I-765. USCIS will mail your work permit to the address you provided in your application if your application is approved. If necessary, you can file a paper application for Form I-765 instead.

If you are an Afghan national paroled into the United States and you are applying for employment authorization, you will need a Social Security number (SSN) to work in the United States. Your SSN allows employers to report your earnings to the U.S. government.

Apply for an SSN (or replacement SSN card) using Form I-765, Application for Employment Authorization, and following the form instructions.

If you do not request an SSN in Part 2 (Items 14-17.b) of your Form I-765, you must make an appointment to visit a Social Security Administration office in person to apply for your SSN after you receive your Employment Authorization Document (Form I-766).

Certain noncitizens who are in the United States may file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply for an EAD that shows such authorization.

See more about the I-765, Application for Employment Authorization update from USCIS here.

What Is Form I-765, Application for Employment Authorization?

Form I-765, Application for Employment Authorization, is a form submitted to USCIS to request employment authorization and an Employment Authorization Document (EAD).

To explain more about what Form I-765 is, how it’s used, who can file the form, how to complete it, what supporting documents to include, and how much it costs.

Form I-765 is main official form you use to apply for a work permit. A work permit is formally called an Employment Authorization Document or EAD. To receive an Employment Authorization Document (EAD), you need to file Form I-765 with U.S. Citizenship and Immigration Services (USCIS).

USCIS uses this form to collect information from people applying for work authorization to assess whether or not they are eligible for a work permit.

You can’t get an EAD without filing Form I-765 with USCIS. Without work authorization, you can’t work for any employer in the United States. When USCIS processes and approves your Form I-765 application, they will issue you a card that you can use as proof of your eligibility to work for employers in the United States. You’ll also use Form I-765 to renew an expired EAD or to replace a missing or damaged EAD.

Do You Need To Include Any Supporting Documents With Form I-765?

You’ll need to include some supporting documents with Form I-765 when you file it with USCIS. The documents you need will depend on the work permit eligibility category you’re applying under. The USCIS website has a full, comprehensive list of the specific documents they want from you based on your eligibility category.

Required Supporting Documents for Form I-765

All applicants must submit these documents:

• Two recent passport-sized photographs
• A photocopy of your I-94 record (front and back)
• Arrival/Departure Record
• A copy of your passport or travel document
• A photocopy of your most recent EAD card if you have or ever had one.

Review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Disclaimer: This is not the official website of USCIS and this site is not affiliated to USCIS. The information above are extracted from USCIS Official Twitter account and officially webpage.

This guide is on five (5) important pieces of information that your immigration lawyer needs to know when they’re helping you plan for your immigration to the United States.

5 Important Things Your Immigration Lawyer Should Know to Help Your Case

• Status

Your immigration lawyer needs to know what your current status is relative to where you are. Are you currently in the United States? Are you currently outside of the United States?

If you’re in the United States, did you enter with a visa or did you enter without inspection?

If you entered with a visa, are you currently in valid status? If so, when does that status expire?

All of these pieces of information are going to be very important for your immigration lawyer to help you strategize what options you have available to you and what the best plan is for you to ultimately accomplish your immigration goals.

• Immigration issues

Immigration issues can be anything from any previous visa denials, any visa revocations, any denials for any sort of immigration benefits that you’ve applied for in the past.

Have you ever been refused entry to the United States? Have you ever overstayed a visa in the past? Have you ever been in immigration court? Have you ever been subject to removal proceedings?

Any of that kind of stuff that has to do with any previous immigration issues are very important for your immigration lawyer to know about, because certain immigration issues can make you inadmissible for certain immigration benefits.

It’s very important for your immigration lawyer to know these things, so that they can ultimately help you best strategize based on your current circumstances.

• Crimes

Similar to immigration issues above, crimes can also have a major impact on what types of immigration benefits you’re eligible for. So it’s very important for your immigration lawyer to be aware of any previous criminal issues or pending criminal issues that you’re currently subject to.

• Children

Children is very important thing for your immigration lawyer to know about. Do you have children that are ultimately going to be included in your case?

For many different types of immigration benefits, your children that are under 21 years old and that are unmarried can be included as derivative beneficiaries in your case. They can essentially be included as dependents on your case for various types of cases.

For example, if you’re applying for an E2 investor visa, you can include your spouse and your unmarried children under 21 years old as part of your application.

The reason why it’s very important for your immigration lawyer to know about any children that are going to be included in your application is,

• so that they can actually include them in the application and,
• so that they can discuss with you a long term strategy for your children.

Because, for various case types, the children can be included in the case if they are unmarried and under 21 years old.

For example, somebody applies for an E2 visa and they want to include their children in the application, let say one of the children is 20 years old. That child will be eligible to be a dependent on their parents case until they turn 21 years old.

So once they turn 21 years old, they have to have their own independent basis for being in the United States.

It’s important for your immigration lawyer to know this at the outset so that they can help you structure a long term plan.

• Other applications

Other applications is that it’s very important for your immigration lawyer to know if there are any other immigration applications that you have filed or that somebody may have filed on your behalf.

For example, let’s say that you have an employer in the United States that’s sponsoring you for a green card and they’ve filed an application on your behalf, and that application is currently pending.

If you go to your immigration lawyer and you’re going to apply for a certain nonimmigrant visa, there are many nonimmigrant visas that have a requirement of nonimmigrant intent.

Meaning that to get that visa approved, you need to be able to show that you do not have the intent to immigrate to the United States permanently.

It’s very important for your immigration lawyer to know that that immigration application has been filed by your employer. So that in the event that they’re going to be applying for a nonimmigrant visa for you, that they can help you strategize the most appropriate nonimmigrant visa for you in light of that immigrant petition that’s pending.

Because there are nonimmigrant visas that have dual intent, meaning that they have intent that permits you to have immigrant intent, and there are nonimmigrant intent visas that require you to have nonimmigrant intent, meaning that you do not have the intent to become a permanent resident to get your green card.

Again, that’s factor number is important.

In Summary

There’s five important factors for your immigration lawyer to be aware of when they’re helping you strategize your immigration plans.

Status: What is your current immigration status? Are you outside of the United States are you inside of the United States? It’s very important.

Immigration issues and how those can impact what the best options are for you and why those are important for your immigration lawyer to know about.

Crimes.

Children and how it’s important to strategize for your children’s long term immigration plans.

Other applications.

I hope you found this guide helpful.

Source: Ashoori Law

DISCLAIMER: This guide and content is designed for general information only and is NOT legal advice. The information presented in this guide should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The information presented in this guide does not create an attorney-client relationship nor is it a solicitation to offer legal advice.

If you need legal advice, you may contact an attorney. You should seek the advice of an attorney in your jurisdiction before taking any legal action.

As such, I disclaim all liability with respect to actions taken based on any information presented. Nothing herein is intended to nor constitutes a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Every case is different and outcomes will vary depending on the unique facts and legal issues of your case. Thank you.

In this guide, we will learn 4 important points to consider when planning to immigrate to the United States.

4 Things to Understand Before Immigrating to the United States

1. Taxation.

When you’re planning your immigration future, you should consider the taxation consequences of whatever move you plan to make, whatever sort of immigration benefits you plan to get.

For example, if you have a non-immigrant visa, it may be taxed differently potentially than if you have a green card or citizenship to the United States, and those tax consequences may be very important for you to consider if you’re earning income abroad outside of the United States, etc.

Taxation consequences is very important. Whenever you’re planning your immigration moves to the United States, you should consult with a CPA, an accountant, or a tax attorney to understand whatever you plan to do in the United States, whatever sort of immigration benefits you plan to receive, how those will impact your circumstances from a taxation standpoint.

2. Work authorization.

Whatever sort of immigration benefit that you’re planning on receiving in the U.S, you have to see what level of work authorization it will give you. Certain sorts of visas will only give you work authorization to work for one particular company.

For example, the L1 visa. The L1 Visa is a visa that allows somebody to transfer from a foreign company to work for a related U.S Company.

The L1 visa only authorizes the beneficiary of that visa to work for the employer that’s petitioning for them for that L1 visa. However, the spouse of that L1 visa holder can get work authorization to work for any company in the United States. That’s an example of an L1 visa.

To contrast that with a green card. A Green card allows somebody to work for any company in the United States.

Whenever you’re considering your immigration goals, you have to understand fully what level of employment authorization you’re going to get based on that immigration benefit. Oftentimes, depending on that, it will certainly influence what sort of an immigration path you proceed with.

3. What are your obligations to remain in the United States based on the immigration benefit that you’re planning to obtain.

Different immigration benefits, for example, whether it’s a visa or a green card or citizenship, depending on what the benefit is that you’re getting, it will have a different requirement for you to be physically present in the United States.

For example, if somebody has a green card, they have a certain requirement to intend to reside in the United States, and basically, if the person that has a green card spends too much time outside of the United States, they could end up forfeiting that green card unintentionally just by spending too much time outside of the United States.

Whereas a visa, there are certain types of visas that have no requirement that you spend a particular amount of time in the U.S.

When you’re planning your immigration future, you have to think about how much time you’re going to be planning on spending in the United States.

Again, once you have a green card, you’re required to intend to reside in the United States. If you spend too much time outside of the United States, you could forfeit your green card, and all that effort that went into getting the green card could be pointless.

It is very important you consider how much time you plan to spend in the United States, as that will influence what option is most suitable for you.

4. How whatever immigration benefits you’re planning on getting to the United States will impact your citizenship that you have in any foreign countries outside of the United States.

There are certain countries where if you gain citizenship, for example, to the United States, you lose citizenship to that other country. Whenever you’re planning your immigration future, you have to carefully understand and analyze how whatever immigration benefits you get to the United States, how those benefits will impact your citizenship or your immigration status in other countries.

In summary

i. Consider the taxation implications of whatever immigration benefits you get to the United States. Different immigration statuses could potentially have different tax implications.

You have to make sure to either speak with a qualified accountant or a taxation attorney to fully understand how whatever immigration benefits you’re planning can impact you from a taxation standpoint.

ii. Different immigration benefits can come with different work authorization. You have to understand whatever immigration benefits that you’re applying for, what level of work, authorization they come with, because that will help you strategize the most appropriate option for you.

iii. The length of time that you plan to stay in the United States and your overall goals of how you plan to be in the United States. Different immigration benefits have different requirements with respect to how much time you plan to spend in the United States.

Based on how much time you actually plan to spend in the United States, it will impact what the best option is for you from an immigration standpoint.

iv. Carefully understand how whatever immigration benefits you plan to get, how those benefits this may impact your citizenship or your immigration status in other countries.

I hope you found this guide very helpful and you have learn 4 important points to consider when planning to immigrate to the United States.

If you know anybody that could benefit from this information, please make sure to share this guide with them.

Thank you so much for reading this guide.

Source: Ashoori Law

DISCLAIMER: This post/guide and content is designed for general information only and is NOT legal advice. This site is not offering any legal advice, not offering any visa too. If you need legal advice, you should seek the advice of an attorney in your jurisdiction before taking any legal action.

The information presented in this post/guide should not be construed to be formal legal advice.