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Powered by Romell Bhaala www.RomellBhaala.com

New York:

421 7th Avenue, Suite 909
New York, NY 10001
Phone: +1 212 686 7782
FAX: + 1 212 686 7792

New Jersey:
265 Route 27 (Lincoln Highway)
Iselin, NJ 08830

Phone: + 1 732 636 7782
E-mail: 
Rani@EmandiLaw.com

C1 VISA
 

Travelers passing through the United States don't need to be trapped in the airport. The C-1 Visa, also known as the transit visa, enables traveling nonimmigrant's to leave the airport and visit family or friends or partake in tourist or shopping ventures. While you are required to leave the U.S. on your departing flight, you are able to spend your waiting time enjoying your surroundings. Each family member should apply for a separate C-1 visa, which will enable the entire family eligible to travel through the U.S. 

STEPS 
You may petition for the C visas in person or by mail. Please contact the USCIS Branch, U.S. Embassy or U.S. Consular office that has jurisdiction over the location of your home. 

DOCUMENTS 
To apply for a C Visa, you must supply the following documents: 

 

  • A filled-in visa application Form DS-160. Separate applications for each person are required.

  • Two recent photographs 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.


You must also prove the following: 

  • You are entering the U.S. only to pass through in transit.

  • You have enough funds to reach your proposed destination.

  • You have a ticket or other means to reach your proposed destination.

  • You have permission to enter the country of your final destination, if necessary.

  • Your stay cannot exceed 29 days.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

  • covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

 

You must also prove the following: 

  • You are entering the U.S. as a U.N. transit

  • You have enough funds to reach your proposed destination.

  • You have a ticket or other means to reach your proposed destination.

  • You have permission to enter the country of your final destination, if necessary.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

C3 VISA 


Government officials traveling through the U.S. to a foreign destination may apply for the C-3 Visa. This visa will enable you to leave the airport and enjoy your surroundings. Your family members and personal employees may also apply for the C-3 Visa. 

STEPS 
You may petition for the C visas in person or by mail. Please contact the USCIS Branch, U.S. Embassy or U.S. Consular office that has jurisdiction over the location of your home. 

DOCUMENTS 
To apply for a C Visa, you must supply the following documents: 

  • A filled-in visa application Form DS-160. Separate applications for each person are required.

  • Two recent photographs 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.


You must also prove the following: 

  • You are entering the U.S. only to pass through in transit.

  • You have enough funds to reach your proposed destination.

  • You have a ticket or other means to reach your proposed destination.

  • You have permission to enter the country of your final destination, if necessary.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

C2 VISA

Individuals involved in the United Nations may use the C-2 Visa to travel to the U.N. 

STEPS 
You may petition for the C visas in person or by mail. Please contact the USCIS Branch, U.S. Embassy or U.S. Consular office that has jurisdiction over the location of your home. 

DOCUMENTS 
To apply for a C Visa, you must supply the following documents: 

  • A filled-in visa application Form DS-160. Separate applications for each person are required.

  • Two recent photographs 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head

 
 

D1 VISA
 

Crewmen serving in good faith for normal operations aboard vessels may apply for the D-1 Visa. This classification includes musicians, stewards, technicians and chefs. You may temporarily remain in the U.S. and may only partakin in your 'crewmen' duties while in the U.S. Your vessel cannot be involved in fishing, and its home port must be in the U.S. D-1 Visas may be issued for individuals or for an entire crew. 

STEPS 

  • Application for the visa must be filed at the U.S. Consulate abroad.

  • While applying for landing privileges, you should submit your application in person, offer all necessary documents, be photographed and fingerprinted, establish that you are admissible under all relevant immigration laws and prove that you are entitled to landing privileges in the U.S.


DOCUMENTS 
During inspection, you will need to show copies of employer work records to the immigration officer. If there is a strike or lockout, you will need to prove the following: 

 

  • You have worked for your employer for at least one year longer than the beginning of the strike/lockout.

  • During this one-year period, you have worked as a crewman for your employer at least once in three different months.

  • You expect to continue working for your employer at this level.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

D2 VISA
 

Crewmen serving in good faith for normal operations aboard vessels may apply for the D Visa. This classification includes musicians, stewards, technicians and chefs. This visa is specifically issued to a crewperson who serves aboard a fishing vessel with a home port or base of operation in the U.S. You should plan to land in and depart from Guam as a part of your crew duties. 

STEPS 

  • Application for the visa must be filed at the U.S. consulate abroad.

  • While applying for landing privileges, you should submit your application in person, offer all necessary documents, be photographed and fingerprinted, establish that you are admissible under all relevant immigration laws and prove that you are entitled to landing privileges in the U.S.


DOCUMENTS 
During inspection, you will need to show copies of employer work records to the immigration officer. If there is a strike or lockout, you will need to prove the following: 

 

  • You have worked for your employer for at least one year longer than the beginning of the strike/lockout.

  • During this one-year period, you have worked as a crewman for your employer at least once in three different months.

  • You expect to continue working for your employer at this level.
     

For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

E1 VISA
 

U.S. immigration policy supports investors and foreign commerce in a variety of ways. The E-1 visa is one method for ensuring healthy commerce with the world. The E-1 Visa is issued to individuals known as 'treaty traders'. A treaty trader is defined as a national of a country with which the United States maintains a treaty of commerce and navigation. 

You should be coming to the U.S. to carry on substantial trade, or to develop and direct the operations of a business in which you have invested or will soon invest a substantial amount of capital. You must also be a national of a treaty country and you must be involved in international trade. Your spouse and children may join you under the same status. Your employees, or the employees of your treaty company, may also receive E-1 visas. 

STEPS 
You may apply for an E-1 visa at a U.S. Consulate in your country. We recommend you do not apply at a U.S. Consular Office outside of your permanent residence, since that process is more difficult. 

DOCUMENTS 
To apply for an E-1 Visa, you must supply the following documents:

  • A filled-in visa application Form DS-160.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

  • Documents that establish that at least 50% of the stock of the company is owned by nationals of the treaty country.

  • A letter from your employer detailing your position and stating that you possess highly specialized skills essential to the efficient operation of the firm.


You may also be asked to prove that:

  • Your company meets the requirements of the law.

  • The trade is substantial; there should be a continuous flow of trade between the U.S. and the treaty country.

  • You intend to leave the U.S. after the validity date of the E-1 Visa.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

E2 VISA
 

U.S. immigration policy supports investors and foreign commerce in a variety of ways. The E-2 visa is one way the U.S. ensures healthy commerce with the world. The E-2 visa is issued to individuals known as 'treaty investors'. A treaty investor is defined as a national of a country with which the United States maintains a treaty of commerce and navigation. 

You should be coming to the U.S. to partake in a substantial investment. Your investment may be less than that required for the EB-5 ($500,000). However, if the investment becomes equal or greater than $500,000, you may petition for permanent immigration status. Your spouse and/or children under the age of 21 may accompany you under E-2 status. Your employees may also be eligible for the E-2 Visa. 

STEPS 
You may apply for an E-2 visa at a U.S. Consulate in your country. We recommend you do not apply at a U.S. Consular Office outside of your permanent residence, since that process is more difficult. 

DOCUMENTS 
To apply for an E-2 Visa, you must supply the following documents: 

  • A filled-in visa application Form DS-160.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

  • Documents that establish that your company is owned by foreign nationals.

  • A letter from your employer detailing your position and stating that you possess highly specialized skills essential to the efficient operation of the firm.


You may also be asked to prove that: 

  • Your company meets the requirements of the law.

  • The trade is substantial; there should be a continuous flow of trade between the U.S. and the treaty country.

  • You intend to leave the U.S. after the validity date of the E-2 Visa.

  • You have invested a 'substantial' amount.

  • The investment must be active.


You may also be asked to describe in detail: 

  • What type of investment you are involved in.

  • The future prospects for the investment.

  • Other documents that establish your eligibility for the E-2 Visa.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

I VISA
 

The I Visa is a vital tool in a global system, where news and cultures are shared and dispatched across national lines. The I Visa is available to media employees including reporters, freelance journalists and film crew members; mainstream filmmakers are not eligible for this status. I visas are available to persons only to work for a foreign media outlet, or a U.S.-based subsidiary of a foreign media company. 

STEPS 
Your spouse and unmarried children under the age of 21 may be eligible for a derivative I status. Your employer must offer a letter detailing your position. I visas, however, are not available to fiancees. If your spouse or children wish to visit you in the U.S., they may choose to apply for a B-2 visa. They may also be eligible to travel under the Visa Waiver Program. 

DOCUMENTS 
Just submit your visa application to the American Consulate or Embassy in your home country. 
The Embassy or consulate will ask to see the following documents: 

 

  • A filled-in visa application Form DS-160.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

  • A letter from your employer detailing your position and expected stay in the U.S.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

J1 VISA
 

The J-1 visa is designed to provide educational and cultural exchange programs, and to promote the sharing of individuals, knowledge and skills in education, arts and sciences. This visa enables people to participate in exchange visitor programs in the United States. Participants in this visa include students, trainees involved in on-the-job training, teachers engaged in research and teaching and international visitors interested in traveling, researching, consulting and demonstrating specific knowledge. Your spouse and/or unmarried children under the age of 21 may apply for entry under J-2 status. 

STEPS 
You should apply for a J-1 Visa at the U.S. Embassy or Consulate with jurisdiction over your place of permanent residence. While you may apply at any U.S. consular office abroad, it is advisable to apply within your jurisdiction. Participants in the J exchange program should present a Form IAP-66, prepared by a designated sponsoring organization. 

DOCUMENTS 
The following documents are required for the J-1 Visa: 

 

  • A filled-in visa application Form DS-160.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

  • A completed form, IAP-66, prepared by a designated sponsoring organization.

  • A completed form, IAP-66, prepared by a designated sponsoring organization.

  • You must also demonstrate that you have binding ties in your home country which you have no intention of abandoning, and that you are coming to the United States for a temporary period of time.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

K1 VISA
 

A fiance (e) of an American citizen who will be entering the U.S. solely to marry that American citizen should apply for a K-1 Visa. The marriage should take place within 90 days of entering the U.S. Minor children of the fiancees can apply for a K-2 status and enter the U.S. The K-1 Visa enables one to apply for conditional permanent resident status. 

STEPS
The American citizen should first file a petition, Form I-129F, Petition for Alien Fiance(e), with the USCIS having jurisdiction over the place of the his/her residence in the U.S. The approved petition will then be forwarded by USCIS to the American consular office where the beneficiary will apply for his/her visa. A petition for K-1 status is valid for four months from the date of USCIS action, and may be revalidated by the consular officer. The consular officer will then notify the beneficiary when the approved petition is received and provide you with the necessary forms and instructions to apply for a K-1 Visa. Because you are an intending immigrant, you must meet certain requirements similar to the requirements of an immigrant visa applicant. 

DOCUMENTS
The following documents are required for the K-1 Visa:

  • A passport, valid for travel to the United States for a duration more than the intended period of stay by at least six months.

  • A birth certificate.

  • A divorce or death certificate of any previous spouse.

  • Police certification of all the places you have lived since the age of 16.

  • A medical examination.

  • Evidence of support.

  • Evidence of a valid relationship with your fiance(e).

  • Two recent photographs 1 & 1/2 inches square (37mm x 37mm) , with the entire face visible. The picture should be taken before a light background and without head covering.
     

For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

Q1 VISA
 

The Q-1 international cultural exchange program provides practical training, employment and the sharing of the history, culture, and traditions of the participant's home country in the United States. This visa enables individuals to participate in exchange visitor programs in the United States. 

STEPS 
You should apply for a Q-1 Visa at the US Embassy or Consulate with jurisdiction over your place of permanent residence. While you may apply at any U.S. consular office abroad, it is advised you apply within your jurisdiction. Participants in the Q exchange program must have the designated sponsoring organization file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. The USCIS will then inform the sponsor on Form I-797 when the petition is approved. 

DOCUMENTS 
The following documents are required for the Q-1 Visa: 

 

  • A filled-in visa application Form DS-160.

  • One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • A passport, valid for travel to the United States for at least six months longer than your intended visit.

  • A completed form, I-797.

  • You must also demonstrate the that you have binding ties to your home country which you have no intention of abandoning, and that you are coming to the United States for a temporary period of time.


For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made. 

 

LIFE ACTS & AMENDMENTS


On December 21, 2000 the President signed into law significant new immigration legislation, effective April 1, 2001. The Legal Immigration and Family Equity (LIFE) Act and amendments have effectively created new categories of nonimmigrant visas, including three V Visas, the K-3 Visa and the K-4 Visa. Extremely helpful for second preference beneficiaries and spouses of U.S. citizens, these visas will help ease the immigration process for thousands of individuals, and reunite families separated for long periods of time during the process of immigration. 

The new categories will allow the issuance of nonimmigrant visas to spouses, children and, in some cases, grandchildren of both lawful permanent resident aliens and spouses of U.S. citizens. Beneficiaries may apply for admission to the U.S. as nonimmigrant�s and then remain in the U.S. until the visa petition is approved or denied. If the petition is approved, beneficiaries may continue to remain in the U.S. until the application for adjustment of status is approved or denied, or may seek an immigrant visa at a consular office abroad. 

These new categories specifically relate to spouses and children for whom an immigrant visa or adjustment of status is not available even though the petition has been filed. This unavailability may be due to lengthy processing delays or the absence of available visa numbers due to annual visa limitations. 

V VISAS 

The new V category is open to spouses and unmarried children under the age of 21 of legal permanent residents (LPRs) who have filed petitions for second preference (F2A) status with the USCIS on their behalf. These petitions must have been filed on or before December 21, 2000. Unmarried children under the age of 21 of those beneficiaries may also be eligible for this classification. 

Spouses who qualify for this status will be classified as V1; children will be classified as V2; and derivative children of either spouses or children will be classified as V3. In order to be classified as V3, applicants must show that they are the children of V1 or V2 status individuals. All applicants must be eligible for visa issuance under all other applicable immigration laws. Because V Visas are only available for petitions filed on or before December 21, 2000, the category will eventually fade either in three years or when there are no more eligible candidates. 

STEPS 

Applicants must show that they have been waiting at least three years for action by the USCIS on their petition. If the USCIS has approved the petition, applicants must demonstrate they have not received a visa number due to worldwide numerical limitations, or that their adjustment of status or immigrant visa is still pending. 

The National Visa Center will send a special notice to all applicants who filed petitions on or before December 21, 2000 when the priority date is at least three years old (as long as the USCIS has a petition record in its files at the National Visa Center). The informative letter will outline the required documents and will instruct applicants to contact a visa issuing post. The letter will also contain relevant contact information. V Visas will only be processed at current IV-issuing posts. Applicants must apply at the consular post designated in their I-130 petition. Posts will only process applicants who are residents of their consular districts or who are residents of their IV centralized region. 

DOCUMENTS 

Because the V Visa functions as a substitute for an immigrant visa, much of the process is similar to that of obtaining an immigrant visa. Applicants may be asked to provide local documents establishing family relations and, in some cases, testimonials to establish the truth of these relationships. Applicants may also be asked to present evidence to establish that their health and criminal backgrounds meet standards sufficient to protect the American public. 

K-3 AND K-4 VISAS 

The new K visas are open to spouses of U.S. citizens who are the beneficiaries of an immigrant visa petition (I-130). The spouses' unmarried children under the age of 21 are also eligible. Unlike the V category, there are no laws enabling visa issuance for grandchildren of the spouse or the petitioner. 

STEPS 

Spouses who qualify for this status will be classified as K3. In order to obtain K3 classification, the nonimmigrant visa petition must have been filed in the U.S. by the U.S. citizen spouse. Applicants must demonstrate that their marriage to a U.S. citizen is valid, that they are the beneficiaries of an I-130 immigrant visa petition filed with the USCIS , and that they wish to enter the U.S. to await approval of the I-130 petition or the availability of an immigrant visa. 

If the petition has been approved, beneficiaries may wish to process their immigrant visas rather than the K3 visa. When the beneficiary applies for the nonimmigrant K3 visa the consular officer will ask whether they wish to find out if the approved petition has been received from USCIS . If so, the applicant may then have the petition forwarded to the processing consular so that the applicant may file an immigrant visa application. The application should be filed at the consular post designated by the Deputy Assistant Secretary of State for Visa Services to process immigrant visa applications for nationals of the country in which the K3 processing post is located. 

Children of spouses who qualify for this status will be classified as K4. In order to obtain K4 classification, the candidate must establish that he/she is the child of an alien entitled to K3 classification. If the marriage of the beneficiary to the U.S. citizen took place abroad, the visa must be issued in the country where the marriage took place. If the country does not have a consular post, the beneficiary must apply at the consular post designated by the Deputy Assistant Secretary of State for Visa Services to accept immigrant visa applications from nationals of that country. If the marriage took place in the U.S. the applications must be filed in the country of residence of the alien spouse 

DOCUMENTS 

Because the K3 and K4 Visas function as substitutes for immigrant visas, much of the process is similar to that of obtaining an immigrant visa. Applicants may be asked to provide local documents establishing family relations and, in some cases, testimonials to establish the truth of these relationships. Applicants may also be asked to present evidence to establish that their health and criminal backgrounds meet standards sufficient to protect the American public. 

For further information, please visit the website of the U.S. Consulate or Embassy where the application for the visa will be made.