Page 2 of 4 FirstFirst 1234 LastLast
Results 11 to 20 of 36

Thread: U.S. Immigration - Your Questions Answered

  1. #11
    Guzman Ariza/Malcolm Cisneros
    Join Date
    Dec 2010
    Posts
    29
    Post Thanks / Like

    Default

    H-3 Nonimmigrant Trainee or Special Education Exchange Visitor
    The H-3 nonimmigrant visa category is for an alien coming temporarily to the United States as either a:


    • Trainee to receive training, other than graduate or medical education training, that is not available in the alien’s home country or
    • Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.

    Trainees

    An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, other than graduate or medical education training, in any field including but not limited to:

    • Commerce
    • Communications
    • Finance
    • Government
    • Transportation
    • Agriculture
    • Other professions

    This classification is not intended for U.S. employment It is designed to provide an alien with job-related training for work that will ultimately be performed outside the United States.

    In order to obtain H-3 classification, a U.S. employer or organization must provide:

    • A detailed description of the structured training program. The description should indicate the number of hours per week the trainee will be in classroom training and the number of hours per week that the trainee will be involved in on-the-job training
    • A summary of the trainee's prior training and experience
    • An explanation of why the trainee needs the training
    • A statement explaining why the training is unavailable in the trainee’s home country
    • A statement explaining how the training will benefit the trainee in pursuing a career outside the United States
    • A statement explaining who will pay for the training without the petitioner permanently employing the trainee

    Special Education Exchange Visitor

    There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year. As of May 20, 2011, USCIS has approved three H-3 for special education exchange visitors in fiscal year 2011.
    A petition requesting an H-3 “special education exchange visitor” must be filed by a U.S. employer or organization. It should include a description of:

    • The training the alien will receive
    • The staff and facilities where the training will occur
    • The trainee’s participation in the training

    In addition, the U.S. employer or organization must show that the trainee is:

    • Nearing the completion of a baccalaureate degree program in special education
    • Has already earned a baccalaureate degree in a special education program, or
    • Have experience teaching children with physical, mental or emotional disabilities.

    Note: Any custodial care of children must be incidental to the alien’s training.

    Application Process

    In order to obtain H-3 classification, the U.S. employer or organization must file a Form I-129, Petition for Nonimmigrant Worker.

    Period of Stay

    If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the United States for up to 18 months.

    Family of H-3 Visa Holders

    Trainees' spouses and children who are under the age of 21 may accompany them to the United States. However, the family members will not be permitted to work in the United States.

  2. #12
    Guzman Ariza/Malcolm Cisneros
    Join Date
    Dec 2010
    Posts
    29
    Post Thanks / Like

    Default

    FINDING A SCHOOL AND APPLYING

    How do I find schools that are approved to accept nonimmigrant students?

    A full listing of the schools certified by SEVP to accept nonimmigrant students is at http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf.

    What are F schools?

    F schools include:

    • Kindergarten through 12th grade (K-12) private schools
    • Public high schools (Nonimmigrant students are limited to a maximum of 12 months at a public high school.)
    • Colleges and universities to include 2-year community colleges
    • Fine arts schools and conservatories
    • Seminaries
    • Language training schools
    • Other schools that provide instruction in the liberal arts or the professions

    What are M schools?

    M schools include:

    • Community or junior colleges that offer technical or vocational instruction
    • Post secondary vocational or business schools
    • Vocational or other nonacademic high schools

    How do nonimmigrant’s apply to attend an SEVP-certified school?

    The application process varies from school to school. Prospective nonimmigrant students should contact schools directly. Most schools have application information for nonimmigrant students on their website. Look for sections that refer to international or foreign students.

    Who at an SEVP-certified school helps with immigration related issues?

    Every SEVP-certified school has at least one designated school official (DSO) who is authorized to deal with immigration related issues. The DSO generally works in the international student office or the registrar’s office. The DSO is responsible for entering data into the Student and Exchange Visitor Information System (SEVIS), the system used to issue Forms I-20 and monitor nonimmigrant students.
    Proof of acceptance

    Form I-20

    The Form I-20 is an official U.S. government form. A prospective nonimmigrant student must have a Form I-20 issued by an SEVP-certified school in order to become F-1 or M-1 student.
    Only an SEVP-certified school can issue a Form I-20 to students that have been accepted for enrollment. It acts as proof of acceptance and contains the information that is needed to pay the SEVIS I-901 fee; apply for a visa or change of status, and admission into the United States.

    The Form I-20 has the student’s unique SEVIS identification (ID) number on the upper right hand side directly above the barcode. SEVIS ID numbers are an N followed by 9 digits.
    Old Forms I-20 without the barcode and the SEVIS ID number are obsolete and cannot be used.

    How does a student get a Form I-20?

    Only an SEVP-certified school can issue a Form I-20. See the overview information above.

    How does a student get a Form DS-2019?

    Forms DS-2019 is issued by DoS-designated sponsors to J-1 exchange visitors by their DoS approved Exchange Visitor Program.

  3. #13
    Guzman Ariza/Malcolm Cisneros
    Join Date
    Dec 2010
    Posts
    29
    Post Thanks / Like

    Default

    Requirements for an F or M Student Visa

    All applicants for an F or M student visa must provide:

    • Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students or Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students
    • A completed application, Nonimmigrant Visa Applicant, Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. A separate form is needed for children, even if they are included in a parent's passport.

    • An interview at the embassy consular section is required for almost all visa applicants.
    • A passport valid for at least six months after your proposed date of entry into the United States
    • One (1) 2x2 photograph
    • A receipt to show payment of the visa application fee, a visa issuance fee if applicable and a separate SEVIS I-901 fee receipt. While all F visa applicants must pay the visa application (MRV) fee, including dependents, only the F-1 principal applicants must pay the SEVIS fee.
    Because each student's personal and academic situation is different, two students applying for the same visa may be asked different questions and be required to submit different documents. For that reason, the guidelines that follow are general and can be changed by consular officers overseas, depending on each student’s situation.

    All applicants should be prepared to provide:

    • Transcripts and diplomas from previous institutions attended
    • Scores from standardized tests required by the educational institution such as the TOEFL, SAT, GRE, GMAT, etc.
    • Financial evidence that shows that the student or sponsoring parents have sufficient funds to cover tuition and living expenses during the period of intended study. For example, if the student or sponsor is a salaried employee, please bring income tax documents and original bank books and/or statements. If the student or sponsor owns a business, please bring business registration, licenses, etc., and tax documents, as well as original bank books and/or statements.

    Applicants with dependents must also provide:

    • Proof of the student’s relationship to his/her spouse and/or children (e.g., marriage and birth certificates.)
    • It is preferred that families apply for F-1 and F-2 visas at the same time, but if the spouse and children must apply separately, they should bring a copy of the student visa holder’s passport and visa, along with all other required documents.

  4. #14
    Guzman Ariza/Malcolm Cisneros
    Join Date
    Dec 2010
    Posts
    29
    Post Thanks / Like

    Default

    Summer work travel programs

    Post-secondary students may enter the United States to work and travel during their summer vacation as participants in the summer work travel program. Participants can be admitted to the program more than once, but cannot work for more than four months.

    Examples of possible summer work/travel jobs include positions at:

    • Resorts
    • Hotels
    • Restaurants
    • Amusement parks
    • Architectural firms
    • Scientific research organizations
    • Graphic art/publishing and other media communication businesses
    • Advertising agencies
    • Computer software businesses
    • Electronics firms
    • Legal offices

    Some jobs are not permitted, such as

    • Domestic help (e.g., housekeepers)
    • Positions that require participants to invest their own money
    • Positions that require participants to provide patient care
    • Positions that might bring the Department of State into notoriety or disrepute
    Au Pairs

    Only exchange visitors placed through a Department of State-designated au pair sponsor are authorized to work as an au pair. Au pairs provide child care to a host family’s children for a year in return for room and board, a weekly stipend and up to $500 in education costs.

    Because the host family provides remuneration in exchange for regular child care services, the host family is the au pair’s employer and must complete Form I-9 for him or her.
    Foreign academic students (F-1 nonimmigrants) cannot work as au pairs or nannies unless USCIS issues them an EAD based on severe economic hardship. This EAD will have a “C33”category code.

    Camp Counselors

    Each summer, camp counselors interact with groups of American youth by overseeing camp activities in the United States. Participants must be at least 18 years old and may work only as counselors for up to four months.
    Once in a while, participants may have to do non-counseling duties as a part of camp life, but they do not serve as staff. They may not act as

    • Office workers
    • Cooks
    • Laborers, such as dishwashers or janitors
    • Camp counselor positions must be at camps that are either:
    • Accredited members in good standing of the American Camp Association
    • Affiliated with a nationally recognized nonprofit organization
    • Inspected, evaluated and approved by the sponsor

  5. #15
    Regular
    Join Date
    Mar 2004
    Posts
    92
    Post Thanks / Like

    Default

    Maria, I have a question. I am an American Citizen in the United States all my life, born and raised in New Jersey. I have been traveling to the Dominican Republic 2 times for every year for the past 15 or more years and love your country and the people who live there. I have been friends with someone there for almost 5 years now, I have been to the families home and meet everyone in the family and care for them dearly. My friend wishes to come visit me and I would like to extend an invitation for this person to come visit and stay with me to see the sights here around the NY City area, is it possible for me to extend an invitation to come see me? Can you tell me how to accomplish this? Thanks so much, hope to get a reply asap.

  6. #16
    Newbie
    Join Date
    Nov 2011
    Posts
    3
    Post Thanks / Like

    Default

    Hola,

    Regarding the Fiancee Visa requirements (below) and the intent to MARRY WHILE IN THE US, what if we are engaged and are going to the US simply to visit the family of the US citizen, and intend to marry in the DR several months later? Does the lack of a marriage ceremony in the US during those 90 days jeopardize future visa opportunities after we are married?

    Thanks!
    -manthafifi


    ----------------------------------------------
    II. THE FIANCE(E) (K-1) VISA

    The K-1 category permits the fiancé(e) of a U.S. citizen petitioner to enter the United States for a 90 day period to marry the petitioner and apply for permanent residence. Because it facilitates the entry of an intending immigrant, K visa processing is similar to immigrant visa processing for immediate relatives. Additionally, K visa processing can take longer than processing for other nonimmigrant visas as it entails the submission and consideration of comprehensive (and often duplicative) biographical and admissibility data at two stages of the process, rather than a single stage.

    III. BASIC REQUIREMENTS

    1. Have previously met in person within two years of the date of filing the petition, unless a waiver is
    granted.
    2. Have a bonafide intention to marry; and
    3. Are legally able and actually willing to conclude a valid marriage in the United States within 90 days after
    the fiancé(e)’s arrival

    **If the parties DO NOT MARRY within 90 days, the K-1 fiancé(e) (and any K-2 dependents) will be required to depart, and failure to depart renders them removable. **
    -----------------------------------------


  7. #17
    Platinum
    Join Date
    Jul 2004
    Posts
    23,879
    Post Thanks / Like

    Default

    Quote Originally Posted by manthafifi View Post
    Hola,

    Regarding the Fiancee Visa requirements (below) and the intent to MARRY WHILE IN THE US, what if we are engaged and are going to the US simply to visit the family of the US citizen, and intend to marry in the DR several months later? Does the lack of a marriage ceremony in the US during those 90 days jeopardize future visa opportunities after we are married?

    Thanks!
    -manthafifi


    ----------------------------------------------
    II. THE FIANCE(E) (K-1) VISA

    The K-1 category permits the fiancé(e) of a U.S. citizen petitioner to enter the United States for a 90 day period to marry the petitioner and apply for permanent residence. Because it facilitates the entry of an intending immigrant, K visa processing is similar to immigrant visa processing for immediate relatives. Additionally, K visa processing can take longer than processing for other nonimmigrant visas as it entails the submission and consideration of comprehensive (and often duplicative) biographical and admissibility data at two stages of the process, rather than a single stage.

    III. BASIC REQUIREMENTS

    1. Have previously met in person within two years of the date of filing the petition, unless a waiver is
    granted.
    2. Have a bonafide intention to marry; and
    3. Are legally able and actually willing to conclude a valid marriage in the United States within 90 days after
    the fiancé(e)’s arrival

    **If the parties DO NOT MARRY within 90 days, the K-1 fiancé(e) (and any K-2 dependents) will be required to depart, and failure to depart renders them removable. **
    -----------------------------------------

    It sounds like your intent is simply to visit the US using a K1 visa and not marry.
    That would be considered visa fraud.

  8. #18
    Bronze
    Join Date
    May 2006
    Posts
    908
    Post Thanks / Like

    Default

    Quote Originally Posted by manthafifi View Post
    Hola,

    Regarding the Fiancee Visa requirements (below) and the intent to MARRY WHILE IN THE US, what if we are engaged and are going to the US simply to visit the family of the US citizen, and intend to marry in the DR several months later? Does the lack of a marriage ceremony in the US during those 90 days jeopardize future visa opportunities after we are married?

    Thanks!
    -manthafifi


    [/I]
    If this is the case, you would apply for a B1/B2 visitor visa.

    It doesn't matter if you are engaged or not, the important thing is to apply for the correct type of visa for the purpose of your visit.

  9. #19
    Newbie
    Join Date
    Nov 2011
    Posts
    3
    Post Thanks / Like

    Default

    Thanks for that clarification, Windeguy and Sangria. Much appreciated!

    -manthafifi

  10. #20
    Bronze
    Join Date
    Jan 2012
    Posts
    1,601
    Post Thanks / Like

    Default

    Hello,
    Glad to run across your site in DR1.
    I'm an american citizen, who married in DR awhile back. I initially hired a miami-based attourney, with whom I contracted to complete the immigration process for my wife. To make a long story short; $3k, and two years later, I had nothing to show for my efforts, except frustration. I have since filed, and received approval for my I-130 petition. At this point, I am confused. Do I need to file an I-129, as well, or wait for the visa center to contact us. My goal is to get her here as quickly as possible. You may reply via this forum, or my e-mail (rollouttj@aol.com). thanks in advance.
    c. jones

Page 2 of 4 FirstFirst 1234 LastLast

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Single Sign On provided by vBSSO