What is Form I-94?

Form I-94 is an Arrival Departure Record that has the information about the date of entry into the United States, class of admission and when the authorized stay expires. Whenever a non-immigrant enters the United States, Form I-94 must be completed at the time of entry into the United States. If entering the U.S. by air or sea, the transport line will give Form I-94 to the non-immigrant and if by land the Customs and Border Protection (CBP) officials will give a blank I-94 form to the non-immigrant. If I-94 is lost or stolen you must file Replace Arrival Departure Record.

The I-94 form has two sections – the arrival record and the departure record. Both the sections must be completed by the non-immigrant. The upper portion of Form I-94 is the arrival record and has the following information:

• Admission Number
• Name
• Date of birth
• Country of Citizenship
• Gender
• Passport Number
• Airline or flight number
• Country where you live
• City where you boarded
• City where the visa was issued
• Date visa was issued
• Address while in the United States (Number and Street)
• City and State

The bottom part of Form I-94 is the departure record and has the following information:

• Departure Number
• Name
• Date of birth
• Country of citizenship

The non-immigrant completes Form I-94 and gives it to the CBP officer along with the passport. During the processing of I-94 form, the CBP officer might ask questions about the purpose of the visit, duration of the visit and residence abroad. If the details that are provided in the I-94 form is accurate and legitimate, the CBP officer stamps the Form I-94 Arrival, Departure Record and the passport and keeps the arrival section of the form for record purposes and gives the passport and departure record to the non-immigrant. Thus the non-immigrant gets an approval to enter the United States in a specific non-immigrant status for an authorized stay.

When the non-immigrant is in the United States, he can apply for change of status or extension of stay by filing Form I-539. If the application for change of status or extension is approved by the USCIS, the non-immigrant will be issued a Approval Notice with a new I-94 card. The I-94 card depicts the new category or the extended status along with the information about when the authorized stay expires.

The admission number and the departure number in the I-94 form will be the same. The departure record must be handed over to the United States CBP officials when the non-immigrant leaves the United States.
If the non-immigrant leaves the U.S. by air, Form I-94 departure record should be handed over into the airline before departure.
If the non-immigrant leaves the U.S. by sea, Form I-94 departure record should be handed over into the shipping line before departure.
If the non-immigrant leaves the U.S. by land, Form I-94 departure record should be handed over to the CBP officer.

The passport and departure record should be carefully preserved during the stay inside the United States. If Form I-94 is lost or stolen, the non-immigrant must request USCIS for replacement by filing Form I-102.

What are the residence requirements to apply for U.S. citizenship?

U.S. citizenship requirements states that, you can obtain U.S. citizenship either by birth or by law. You acquire U.S. citizenship by birth, if you were born in the U.S. or if your parents are U.S. citizens. Obtaining U.S. citizenship by law is through naturalization.

Per USCIS, you must meet the U.S. citizenship requirements to apply for citizenship. The U.S. citizenship requirements include the continuous physical presence requirements and certain general requirements.

U.S. citizenship requirements

• To be eligible for U.S. citizenship, the following U.S. citizenship requirements should be satisfied:
• You should be at least 18 years old.
• You should be a lawful permanent resident of the United States.
• You should have resided in the U.S. for at least three to five years and half of the time should be spent in the U.S.
• The U.S. citizenship requirements states that, if you are married to a U.S. citizen, you can apply for U.S. citizenship after three years of residence in the United States. All others can apply for citizenship only after five years.
• You have resided in the U.S. from the time you filed your application for U.S. citizenship.
• You should take an oath, that you are attached to the U.S. constitution.
• You should have proficient knowledge and fluency in English.
• You should have knowledge concerning the history, role and functioning of the U.S. government.
• You should not be involved in any crime.
• You should meet the continuous physical presence requirements.

Continuous physical presence requirements

If you are married to a U.S. citizen, the following continuous physical presence requirements should be met:

• You should live physically with your spouse.
• You should have lived together with your spouse for at least three years before you apply for U.S. citizenship and take the naturalization examination.
• You should have been physically present in the U.S. for at least 18 months.
• You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.
• Your spouse should be a U.S. citizen during the period you have applied for citizenship till the date of examination.

The following are the continuous physical presence requirements for those who are not married to a U.S. citizen:

• You should have been physically present in the U.S. for at least 30 months.
• You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.

Physical presence is different from Continuous residence. Physical presence is the number of days you were physically present in the U.S. Continuous residence is the time you resided lawfully in the U.S. without any long absence. If you are physically absent from the United States for one year, you will lose your continuous residence requirement, unless the absence is excused. The U.S. citizenship process is not easy, you have to meet the above requirements to be eligible to apply for citizenship.

What supporting documents do I need to submit with the Form I-130, Immigrant Petition?

Form I-130, Petition for Alien Relative is used to prove the existence of a relationship with the foreign relative, who desires to immigrate to the United States. The person who files the Form I-130 is called the petitioner. The petitioner should be a U.S. Citizen or a Lawful Permanent Resident of the U.S. The foreign relative is called the beneficiary. The supporting documents with Form I-130 should be sent to the U.S. Citizenship and Immigration Services or USCIS.

If you are a U.S. citizen, who is filing a petition for a foreign relative then you should submit the following supporting documents with Form I-130:

• Copy of Birth Certificate, if you were born in U.S.
• Copy of Naturalization Certificate, if you naturalized as a U.S. Citizen.
• Copy of your U.S. passport.

If you are a Lawful Permanent Resident, who is filing a petition for a foreign relative then you should submit the following supporting documents with Form I-130:

• Copy of your Permanent Resident Card.
• If you have not received your Permanent Resident Card, submit a copy of the biographic page of your passport or any evidence from USCIS that you are a Lawful Permanent Resident.

To prove your family relationship, you should submit the following supporting documents with Form I-130:

• Copy of Birth Certificate showing the name of the child and parent, if applying for child or parent.
• Copy of adoption decree, if applying for adopted child or parent. (Form I-130 cannot be used if the adoption took place after the 16th birthday of the child).
• If applying for spouse:

*Copy of Marriage Certificate.
*Passport style color photo of you (petitioner) and your spouse.
*Form G-325A for you (petitioner) and your spouse.
*Documents of Joint ownership or property.
*Copy of Birth Certificates of the children you (petitioner) and your spouse had together.

• Form I-864, Affidavit of Support.

Any foreign language document, should be translated in English by an authorized translator. If you or the relative have ever had a change of name, you must submit the court order of your legal name change.

The supporting documents with Form I-130 should be filed for each eligible relative. Carefully prepare the supporting documents, as this would make an easy way for the approval of your petition. Put all the documents in a large envelope and send them to the USCIS. Do not send the original documents to USCIS, unless you are asked to send. If you are requested to send the original documents, USCIS keeps a record of the original documents and returns them back to you. Have a copy of all the documents you send to USCIS, as you may need them for your reference.

USCIS processes the Form I-130 only after the visa number is made available. Therefore the eligible alien relative has to wait until the visa number is available, before filing for adjustment of status to a Lawful Permanent Resident.

How do I get a US Student Visa?

Whether you want to enter a short course or get a Ph.D. in philosophy, a US student visa may allow you to do so in the United States.

There are two non-immigrant visa categories for the foreign nationals wishing to study in the United States. The "F" visas are reserved for non-immigrants who are wishing to pursue the academic studies and/or language training programs, and the "M" visas are reserved for non-immigrants who are wishing to pursue nonacademic or vocational studies.

The application requirements for F and M US student visas are basically the same. Getting either an F-1 or M-1 visa is a two- to three-step process:

The first step in applying for a F-1 Visa or M-1 US student visa is that the students apply to schools, and once they’re accepted, their school fills out and sends them a form known as a Certificate of Eligibility (SEVIS I-20). The students will use this certificate in preparing their application for a US student visa.

Second, the students apply for either a US student visa (if they’re currently in another country) or for a change to student status (if they’re in the U.S., eligible to change status from another visa, and would prefer this to leaving and applying at a consulate).

Unless the students are from a country that is visa exempt, such as Canada or Bermuda, they must apply for an F-1 or M-1 US student visa at a U.S. consulate with jurisdiction over their place of residence. When the students apply for the US Student visa, they will be required to show that they have been accepted at a SEVP certified institution, that they have the financial means to pay for their course of study, that they have the required English proficiency, and that they will return to their home country at the end of the academic or vocational program.

When the students arrive in the United States, they will receive a Form I-94 (Arrival-Departure Record) that will include their admission number to the United States. This admission number will then be written on their Form I-20 by an immigration inspector. Then the Immigration Inspector will send first and second page of Form I-20, to their school as a record of their legal admission to the United States. The students are expected to keep pages three and four, known as the I-20 ID. This document is their proof that they are allowed to study in the United States as an F-1 or M-1 student. The students should see their Designated School Official (DSO) if they need a replacement copy of their I-20 ID. They must also keep their Form I-94 safe, because it proves that they legally entered the United States.

Each time the students exit and reenter the U.S., they will get a new I-94 card authorizing their stay and indicating the time limit. When the students have stayed in the U.S. on an M-1 Visa for a year (or whatever time they were given) and they wish to remain longer, they may apply for one two-year extension of their I-20 to their designated school official. F-1 students may apply for extensions of stay indefinitely, as long as they continue to maintain their eligibility for the status and their DSO grants an extension to complete studies.

Procedure needed to get student visa. There are two types of visa which will be provided by USCIS they are F-1 Visa and M-1 Visa, who wished to study in United States.

What is the difference between an EAD and a work visa?

A visa to work in the U.S. and a work authorization document are two different concepts.

The Form I-765, the work authorization application is for the temporary foreign nationals who are residing in the United States to apply for work authorization to work legally during their stay in the United States.

The USCIS provides work authorization for some eligible foreign nationals. A foreign national is authorized to work in the U.S. if he/she has the work authorization document also known as EAD. The work authorization is valid for one year. Work authorization or Form I-765 is also referred to as work permit. The work authorization or Form I-765 is a laminated card which has the foreign nationals name and his/her photo and the expiration date. The foreign national is authorized to work for any employer until the work authorization expires.

All eligible foreign nationals who wish to work in the United States during the temporary stay should file Form I-765 and get the work authorization document before starting to work. It is mandatory that one should file Form I-765 and have the approved work authorization to work.

The Form I-765 should be filed with the relevant documents. One needs to file Form I-765 with the relevant fee. Once the USCIS process Form I-765, the applicant will receive the Notice of Action within 30 days.

Sometimes it requires the employer may have to hire foreign worker in case of shortage of workers in the United States. the USCIS allows certain foreign nationals to enter the United States on a visa to work in the U.S., and have framed certain eligibility requirements and conditions.

A visa to work in the U.S. permits a foreign national to enter in to the United States to work. A visa to work in the U.S. are required by foreign nationals who can work in a specific field. There are many visas which allows the foreign national to work in the United States. Foreign nationals who enter in to United States with a visa to work in the U.S. for a specific employer need not file Form I-765 to get the work authorization. A foreign national can enter the united states with a visa to work in the U.S. on a temporary basis or a permanent basis. The foreign national entering in to United States on a work visa can accompany their family members. In case of a visa to work in the U.S., first the prospective employer needs to file a petition with USCIS, on approval the applicant can apply for a visa at the consulate or embassy.

The period of stay the foreign national can be in United States varies from one visa to another and based on his /her employment preference category. The foreign national can find his/her period of stay in the U.S. is available on the I-94 or in his/her notice of approval. If the foreign national has to be in the United States for longer than his/her stay then the U.S. employer can file for an extension of the employees stay. It is always advisable that the employer file a head before the visa expires.