The following table shows a few common petitions; the USCIS website
presents a comprehensive list
of available forms:
Example Petitions |
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Petition |
Applicant |
Beneficiary |
I-129 | U.S. Employer | Temporary alien worker / trainee to obtain a non-immigrant visa |
I-129F | U.S. Citizen | Alien fiancé(e) or spouse who will apply for a non-immigrant visa abroad |
I-130 | U.S. Citizen or LPR |
Eligible alien immediate relative |
I-140 | U.S. Employer | Alien employee who intends to immigrate. See below for employees who are eligible to self-petition without employer involvement. |
I-485 | Non-citizen present in the U.S. | Self-petition to adjust status to that of LPR (legal permanent residence), a.k.a. "green card"; note also I-698 |
I-526 | Non-citizen investor | Self-petition to immigrate in the E-5 employment-based category |
I-589 | Refugee | Self-petition for asylum or withholding of removal; note also I-730 |
I-751 | Conditional LPR | Self-petition to convert two-year conditional LPR status to LPR |
I-765 | Non-citizen | Self-petition for EAD (Employment Authorization Document) |
I-821 | National of designated country | Self-petition for TPS (Temporary Protected Status) |
I-821D | Certain unlawfully present aliens | Self-petition to extend prosecutorial discretion, called DACA (Deferred Action for Childhood Arrival) |
N-400 | LPR | Self-petition for U.S. citizenship |
N-470 | LPR | Self-petition to preserve LPR status if leaving for employment abroad |
New DHS final rule to benefit certain unlawfully present immediate relatives of citizens. From March 4, 2013, a U.S.-based spouse, parent, or child ("immediate relative") of a United States Citizen may have his or her unlawful presence waiver decided before leaving the United States for their immigrant visa interview. Yes, the immediate relative of the citizen can stay here until USCIS decides the I-601A application for provisional unlawful presence waiver. Upon a favorable decision, the relative can take the waiver to the immigrant visa interview abroad. Call for a consultation on your USCIS waiver application, immigrant visa petition, or consular interview. For more on the new rule, see this article in The Washington Post (". . . the latest policy change could alter the personal calculus of many immigrants who have concluded that remaining in the United States illegally is less risky than applying for a visa and being separated for years on end").
Some petitions result in a USCIS referral for visa processing abroad at an embassy, consulate, or CBP station. Other visa applications can be made without going through USCIS, at an embassy or consulate abroad. In either case, Mr. Basu can help the beneficiary or applicant marshal their documents for an interview or appearance abroad. There is also limited opportunity for appeals of decisions already made by consular officers abroad. Finally, an individual who is already in the United States as a non-immigrant may be eligible to adjust status from non-immigrant to immigrant by filing the appropriate petition with USCIS.
Immediate Relatives of United States Citizens |
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Visa |
Petitioner |
Beneficiary |
CR-1 | U.S. Citizen | Spouse, married less than two years |
IR-1 | U.S. Citizen | Spouse, married more than two years |
IR-2 | U.S. Citizen | Unmarried child (under 21 years of age) |
IR-3 | U.S. Citizen | Orphan adopted abroad |
IR-4 | U.S. Citizen | Orphan to be adopted in the U.S. |
IR-5 | U.S. Citizen over 21 |
Parent |
The following family-preference immigrant visas are subject to annual numerical limits (quotas).
Of course, the "F-1" immigrant category here is not the same as the
F-1 non-immigrant student visa:
Family-Preference Immigrant Categories |
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Visa |
Petitioner |
Beneficiary |
F-1 | U.S. Citizen | Unmarried sons / daughters & their minor children |
F-2 | LPR | Spouse, minor children, and unmarried sons / daughters over 21 |
F-3 | U.S. Citizen | Married sons / daughters & their spouses & minor children |
F-4 | U.S. Citizen over 21 |
Brothers / sisters & their spouses & minor children |
An employment-based immigrant visa generally requires an employer
to file an I-140 petition. These visas are subject to quotas
within an overall yearly total of 140,000 employment-based immigrant
visas:
Employment-Based Immigrant Categories |
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Visa |
Prerequisites |
Beneficiary |
E-1 | I-140 | Priority worker (1) of extraordinary ability; (2) an outstanding professor or researcher, or (3) a multinational manager or executive. Additional requirements apply in each sub-group. |
E-2 | DOL Labor Certification; job offer; and I-140 |
Either (1) a professional holding an advanced degree (or bachelor's degree with 5 or more years of progressive experience), or (2) a person of exceptional ability in the sciences, arts, or business. National interest waiver is available to waive DOL and job offer; and the petitioner self-petitions via I-140. |
E-3 | DOL Labor Certification; job offer; and I-140 |
(1) Skilled worker, (2) professional, or (3) unskilled / other worker. |
E-4 | I-360 | Special immigrant who is in one of many (about 20) defined sub-groups. |
E-5 | I-526 | Immigrant who will invest $500,000 to $1,000,000 or more of their own resources. There are four visa subgroups with different requirements: C5, T5, R5, and I5. The investor's spouse and minor (under 21) unmarried children also get an immigrant visa. |
Mr. Basu's representation on employment-related visa petitions includes assistance with any required labor certification application. Mr. Basu brings to this representation his personal experience with the immigration system and decades of work experience in high technology firms.
As a matter of convenience, two types of non-immigrant visas may
be issued abroad to intending immigrants (non-temporary visitors):
Non-immigrant Visas for Intending Immigrants |
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Visa |
Petitioner |
Beneficiary |
K-1 | U.S. Citizen | Fiancé(e) who is abroad |
K-3 | U.S. Citizen | Spouse who is abroad |
As for other types of visas, Mr. Basu can help the applicant marshal their documents for any associated petition and the non-immigrant visa application or interview. There is also limited opportunity for appeals of decisions already made by consular officers.
Many employment-based visas, and petitions for employment-based immigration, require labor certification. Mr. Basu's representation on employment-related visa petitions includes assistance with any required labor certification application. Mr. Basu brings to the representation his personal experience with the immigration system and decades of work experience in high technology firms.
Labor certification is generally decided by the Employment and Training Administration within the Department of Labor. Any notice denying certification should state where the employer may direct an appeal. Appeals are usually directed to an Administrative Law Judge or to the Board of Alien Labor Certification Appeals (BALCA) .