Student Visa Info

The 4 most common problems that have an effect on students from getting to the USA on student visas, English skills, not a grave student, money & they have a relative who lives in the USA all ready. These problems are linked more with students that are from developing countries, urbanized nations students are not usually examine to the same level, as the likelihood that they will stay illegally in the USA is much less.

1 English skill; you require to be able to do the school work in English. It is OK that you will need to get some additional English skills when you get to the US, but for most potential students you cannot go to the USA to learn English. The higher your TOEFL score, the better your chances of getting a USA F1 Visa, if it is actual low under lets speak 200 you might want to study English at home and bring that number up as is true for most USA Visas, the first time you apply has the highest likelihood that you will get accepted.

2 You are apparent as not being a serious student. The thought is if you are not a serious student then you should be relevant for a tourist visa which will allow you to take some classes. Serious students have good grades and they take lots of classes in their home countries before they try to go the USA.

3 Money It is expected that most students will work when they are in the USA, but you must have enough possessions to support yourself and to pay your tuitions and book fees before you get the visa. The work that you would seek would be the traditional college knowledge, part time pizza money type job.

4 You have a relation that lives in the USA all ready. There is a high occurrence of people who have relatives in the USA that they will go to work for that relative; you would think that it would help the applicant, but it is the other way around.

Any of these 4 problems are simple to fix if you feel that one of these problems affects you it is best to talk to a immigration lawyer or immigration specialist before you file your application; again your first application is going to have the best chance of achievement, so getting it right the first time is a big step towards get your goals.

 
The US visa office in New Delhi is helpful all requests for student visa interviews within three weeks, said US State Department’s Non-Immigrant Visa Chief Sally Ironfield.

This is in contrast to post 9/11, when there was a sharp decline in clearing the number of student visa applications and visa procedures too were made strict, she said adding, “We are now on an upswing and on track to outpace last year’s number of 18,000 student visas issued.”

In a web chat hosted at the American Center she said, “The representative period prior to studies in the United States in which a student may relate for a visa is 120 days, and that the visa office in New Delhi is at present accommodating all requests for student visa interviews within three weeks.”

India has been the leading country of origin for international students in the United States for the fourth following year, Iron field said.

New update from US Embassy :

Now its official. USCIS announced today that “We have received about 163,000 H1B petitions for year 2009 that starts from 1st of October 2008. About 31,200 of those are for Master or post graduate Degree category.  Even this time we will have lottery system for visa allocation.

Even as the contest for filing H-1B work permit applications for economic year 2009 hots up, the US Embassy in Delhi is anxious over the growing number of fraudulent petitions from India. Peter G Kaestner, minister counsellor for consular affairs and consul-general at the US Embassy in Delhi, told ET: “The number of bogus appeal for H1B visas from India being filed with the US Citizenship and Immigration Services (USCIS) is on the rise. This has cause huge concern because it unfavorably impacts authentic business people from India who may lose out because the number of H1B visas issued every year is capped at 65,000.”

Previous year, H1B visa cap was reached within a day of the start of the application process on April 1, 2007. This year too, experts and lawyers sense that the quota for fiscal 2009 will be filled up within a couple of hours after USCIS starts tolerant application on April 1, 2008.

“USCIS sends the petitions to us for verification after the applications are filed and last year we’ve found many cases of people who were job shoppers filing applications through bogus companies for H1Bs. We have also unearth cases of frauds in student travel permit requests from India, including a college in the US philanthropic out fraudulent 1-20 SEVIS forms to students who did not qualify for the courses.

Therefore, we have to be more careful this year in scanning the documents,” added Mr Kaestner. For the financial year 2007, the in general non-immigrant category US visas subject in India went up by 58% to 7,25,532. Of this, H1 visas were up to 72,288 from 55,017 in financial year 2006.

FY 2009 H-1B Cap Update

FY 2009 H-1B Cap Update From AILA’s Service Center Operations Committee

Cite as “AILA InfoNet Doc. No. 08021230 (posted Feb. 12, 2008)”

AILA’s Service Center Operations Liaison Committee discussed several issues regarding the upcoming H-1B filing “season,” as well as recently-announced filing changes for institutions of higher learning, their affiliates, and research institutions on February 6, 2008. (See AILA InfoNet Doc. No. 08013133.) The following is an unofficial summary of the Q & A with SCOPS.

1. Should Premium Processing be used for cap-subject filings?

USCIS expects that the cap-subject H-1B receipt volume will be similar to last year. While Premium Processing is currently available, it may need to be suspended (as it was last year) for some period of time. USCIS understands that Premium Processing is used to get a quicker receipt. However, attorneys may want to consider waiting to see if a petition receives a cap number and then interfile the I-907. If there are any official changes to the Premium Processing option for these cases, USCIS will let AILA know. If you decide to file cases concurrently with Premium Processing make sure that clients are aware that the 15 days may not be guaranteed if there is a change to the program.

2. Can a petitioner file duplicate H-1B filings to increase chances of obtaining a cap number?

USCIS is currently drafting a regulation to address this question, expected to be published in the coming weeks, which will contain some sort of prohibition on the filing of duplicate cases. The definition of what is considered a “duplicate” will be addressed in that regulation. Please note that it is AILA’s understanding that a petition filed under both the regular and the master’s cap would not be considered a duplicate, but we will need to wait for the regulation to confirm.

3. What will happen to cap cases filed in the wrong Service Center?

Members should make sure to follow the guidance provided by USCIS on where to file their cases. Cap-subject cases should be filed based on the jurisdiction of the worksite. (For Direct Filing addresses, see AILA InfoNet Doc. 07030964.) Cases that are filed at a wrong service center will be rejected.

4. What about e-filing?

E-filing will not be available for I-129 H petitions, including those which are cap-exempt.

5. Please clarify what petitions are to be filed at the CSC. Is it any petition that is not subject to cap-counting, including both cap-exempt and those already counted, or is it limited to petitions from institutions of higher learning, their affiliates, and non-profit and governmental research institutions?

On February 1, 2008, the USCIS published a USCIS Update designating the CSC as the place to file petitions by institutions of higher education and organizations and affiliated entities, and non-profit and governmental research institutions. (See AILA InfoNet Doc. 08013133) Petitions for cap-exempt individuals (e.g., petitions for physicians to serve in shortage areas) and petitions for aliens already counted are to be filed according to established jurisdictional rules. (See AILA InfoNet Doc. 07030964) A formal Federal Register notice in filing locations is in process. Until the notice is published in the Federal Register, H-1B cap-exempt petitioners are encouraged to file at the CSC under the terms of the USCIS Update. SCOPS advises that for the present time those sent to other service centers will not be rejected, but will be relocated. Once the formal Federal Register notice is published, filing those petitions at the CSC will be mandatory and petitions filed incorrectly will be rejected.

Source:  http://www.usvisa.com/fy_2009_h1b_cap_update.shtml

New changes in U.S. visa policy and procedures have increased the amount of time it can take to obtain a visa. Apply early!

If you want to visit the U.S., plan to submit your visa application well in advance of your departure date. Contact your nearest U.S. embassy or consulate for a current time estimate and recommendations.

Changes introduce shortly after September 11, 2001 caused long processing times, which diverse from country to country. Backlogs accumulated and delays became indefinite in some cases.

Advance travel planning and early visa application are important, since visa applications are subject to a greater degree of inspection than in the past. If you plan to apply for a nonimmigrant visa to come to the United States, we know you’d like to estimate how long you will have to wait to get an interview appointment to apply for a visa. See our “Visa Wait Times for Interview Appointment” information below.

It is important to thoroughly review all information on the specific Embassy’s Consular Section website for local procedures and instructions, such as how to make an interview appointment. Consular Websites will also explain any additional procedures for students, exchange visitors and those persons who need an earlier visa interview appointment.

You’ll also want to know how long it will take for your nonimmigrant visa to be processed at the Consular Section, after a choice is made by a Consular Officer to issue the visa, and the visa is available for pick-up by you or the courier at the embassy. See the “Wait Times for a Nonimmigrant Visa to be processed” information, which does not include time required for special clearances and administrative processing. Some visa applications need additional special clearances or administrative processing, which need some additional time. Most special clearances are resolved within 30 days of application. Applicants are advised when they apply. When supplementary special clearances or administrative processing is required, the timing will vary based on individual circumstances of each case.

Even with the visa processing enhancement that has been made and will continue to be made, it is inevitable that waits will sometimes occur. Processing times will vary.

If you want to visit the U.S., plan to submit your visa application well in advance of your departure date. Contact your nearest U.S. embassy or consulate for a current time estimate and advice.

Visa Processing Time

New changes in U.S. visa policy and procedures have increased the amount of time it can take to obtain a visa. Apply early!

If you want to visit the U.S., plan to submit your visa application well in advance of your departure date. Contact your nearest U.S. embassy or consulate for a current time estimate and recommendations.

Changes introduce shortly after September 11, 2001 caused long processing times, which diverse from country to country. Backlogs accumulated and delays became indefinite in some cases.

Advance travel planning and early visa application are important, since visa applications are subject to a greater degree of inspection than in the past. If you plan to apply for a nonimmigrant visa to come to the United States, we know you’d like to estimate how long you will have to wait to get an interview appointment to apply for a visa. See our “Visa Wait Times for Interview Appointment” information below.

It is important to thoroughly review all information on the specific Embassy’s Consular Section website for local procedures and instructions, such as how to make an interview appointment. Consular Websites will also explain any additional procedures for students, exchange visitors and those persons who need an earlier visa interview appointment.

You’ll also want to know how long it will take for your nonimmigrant visa to be processed at the Consular Section, after a choice is made by a Consular Officer to issue the visa, and the visa is available for pick-up by you or the courier at the embassy. See the “Wait Times for a Nonimmigrant Visa to be processed” information, which does not include time required for special clearances and administrative processing. Some visa applications need additional special clearances or administrative processing, which need some additional time. Most special clearances are resolved within 30 days of application. Applicants are advised when they apply. When supplementary special clearances or administrative processing is required, the timing will vary based on individual circumstances of each case.

Even with the visa processing enhancement that has been made and will continue to be made, it is inevitable that waits will sometimes occur. Processing times will vary.

If you want to visit the U.S., plan to submit your visa application well in advance of your departure date. Contact your nearest U.S. embassy or consulate for a current time estimate and advice.

Visa Processing Time

New changes in U.S. visa policy and procedures have increased the amount of time it can take to obtain a visa. Apply early!

If you want to visit the U.S., plan to submit your visa application well in advance of your departure date. Contact your nearest U.S. embassy or consulate for a current time estimate and recommendations.

Changes introduce shortly after September 11, 2001 caused long processing times, which diverse from country to country. Backlogs accumulated and delays became indefinite in some cases.

Advance travel planning and early visa application are important, since visa applications are subject to a greater degree of inspection than in the past. If you plan to apply for a nonimmigrant visa to come to the United States, we know you’d like to estimate how long you will have to wait to get an interview appointment to apply for a visa. See our “Visa Wait Times for Interview Appointment” information below.

It is important to thoroughly review all information on the specific Embassy’s Consular Section website for local procedures and instructions, such as how to make an interview appointment. Consular Websites will also explain any additional procedures for students, exchange visitors and those persons who need an earlier visa interview appointment.

You’ll also want to know how long it will take for your nonimmigrant visa to be processed at the Consular Section, after a choice is made by a Consular Officer to issue the visa, and the visa is available for pick-up by you or the courier at the embassy. See the “Wait Times for a Nonimmigrant Visa to be processed” information, which does not include time required for special clearances and administrative processing. Some visa applications need additional special clearances or administrative processing, which need some additional time. Most special clearances are resolved within 30 days of application. Applicants are advised when they apply. When supplementary special clearances or administrative processing is required, the timing will vary based on individual circumstances of each case.

Even with the visa processing enhancement that has been made and will continue to be made, it is inevitable that waits will sometimes occur. Processing times will vary.

If you want to visit the U.S., plan to submit your visa application well in advance of your departure date. Contact your nearest U.S. embassy or consulate for a current time estimate and advice.

The Immigration Act of 1990 significantly changed certain aspects of family sponsored immigration in the United States. Generally speaking, it increased the total number of visas available for some categories of close family members of U.S. citizens and lawful permanent residents. This chapter will briefly discuss the various categories of family sponsored petitions for permanent residence, the I-130 Petition, and the evidence that is required to accompany the petition.

The Family Preference Categories

Just as employment based petitions may be filed in a variety of categories, so, too, are petitions based on family relationships divided into various categories. These include:

1. FIRST PREFERENCE: UNMARRIED SONS AND DAUGHTERS OF AMERICAN CITIZENS. This category refers to the adult children of U.S. citizens or those who have reached the age of 21 years prior to issuance of the immigrant visa.
2. SECOND PREFERENCE: SPOUSES, SONS AND DAUGHTER OF LAWFUL PERMANENT RESIDENTS;
3. THIRD PREFERENCE: MARRIED SONS AND DAUGHTER OF U.S. CITIZEN.
4. FOURTH PREFERENCE: BROTHERS AND SISTERS OF U.S. CITIZENS.

You may note that there is no preference category for spouses or unmarried minor children of American citizens. This is because there is no numerical limitation placed on the immigration of the spouses or unmarried minor children of American citizens. Immigrant visas are always immediately available to them, however, they too must be admissible to the U.S. before a permanent resident visa can be issued to them. the actual request for permanent resident status for an alien in one of the above-listed preference categories is made on Form I-130, “Petition for Alien Relative”. It must be filed with the INS Regional Service Center having jurisdiction over the place where the person filing the application (i.e. the petitioner) lives.

A U.S. citizen can file the petition on behalf of is/her:

1. husband, wife, or child under the age of 21;
2. an unmarried child over the age of 21;
3. married child of any age;
4. brother or sister if the U.S. citizen is at least 21 years old; or
5. a parent if the U.S. citizen is at least 21 years

A lawful permanent resident can file the petition on behalf of his/her:

1. husband or wife;
2. unmarried child.

I-130 Petitions for Alien Relatives cannot be filed on behalf of the following person:

1. An adoptive parent or adoptive child if the adoption took place after the child reached the age of 16, or if the child has not been in the legal and physical custody of the parents for a period a of at least two years;
2. A natural parent if the U.S. citizen gained permanent residence through adoption;
3. A stepchild or stepparent if the marriage that created the relationship took place after the child was 18 years of age;
4. A husband or wife if both were not physically present at the marriage ceremony, and the marriage was not consummated;
5. A husband or wife if the person filing the petition gained permanent resident status by virtue of a prior marriage to a U.S. citizen or permanent resident unless a period of five years has elapsed since the petitioner became a permanent resident, or the prior marriage was terminated by the death of the spouse, or he/she can establish by clear and convincing evidence that the prior marriage was not entered into to evade any provision of the immigration law.