DELAWARE IMMIGRATION LAWYER BLOG

The U.S. Consulate General in Ciudad Juarez offers a video on what to expect when going to the Consulate for a visa interview.

C.J. Visa Interview Video

The U.S. Embassy in Beijing is currently allowing non-immigration visa applicants to “forum shop” around China’s consular districts. The Embassy has also posted estimates of the next available tourist and student visa interview appointment dates at various offices throughout China.

Many petitioners after the filing of I-130 for their foreign spouses choose to file an I-129F so that their spouses can get a K3 visa to enter the U.S. to await the approval of the previously filed I-130. Normally, the I-129F petition will be approved before the I-130 petition. However, sometimes, before the foreign spouse’s K3 interview, the I-130 is approved. If the I-130 petition has been approved and received at the consular post, a K-3 visa will not be issued. If the foreign spouse begins the K3 process at the post by returning the DS-2001 thereby notifying the post they are ready to be interviewed, she or he may opt to continue the K3 process even if the approved I-130 has arrived at the post.

Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify such requirement.

J-1 waiver applicants first submit their application (DS-3035) to DOS (Department of State) processing center. Subsequently, the applicants and the sponsoring employer must submit all information to IGA (Interested Government Agency) which will review the application and then forward the recommendation to DOS Waiver Review Division (WRD). After WRD issued its own recommendation, the case will be forwarded to USCIS for final decision.

J-1 waiver once granted, the physician will work in H-1b status. Therefore, J-1 waiver applicants must also qualify for H-1b requirements. As soon as WRD issued its recommendation, H-1b application can be submitted so that it can be adjudicated with the J-1 waiver application.

IGA can be a state department of health or any other federal agency, including Department of Veterans Affairs, the Appalachian Regional Commission, Delta Regional Authority and US Department of Health and Human Services.

Please also see State of Delaware website for more information: http://dhss.delaware.gov/dhss/dph/hsm/j1visahome.html

B-1 visa is for the visitor who has an unabandoned foreign residence, intends to visit only temporarily and intends to engage only in permitted business activities.

B-1 business visitor may be admitted for the purpose of enaging in business but not for the purpose of local employment or labor for hire. in distinguishing, the determination would be whether the principal place of business and actual accrual of profits are in the foreign country. Permitted business activities may include

• Engaging in commercial transaction which do not involve gainful employment
• Negotiating contracts;
• Consulting with business associates; and
• Participating in scientific, educational, professional or business conventions, conferences

B visitors may apply for extension of stay in six month increments and may change to other non-immigrant visa statuses.