Visa Information

Once again we would like to publish some questions which we receive daily from our customers. These questions are answered by our counselors of the visa department. All our counselors have a long experience with immigration law and dispose of a great knowledge in the recent visa - regulations.

Please note that the given answers cannot automatically be referred to your own situation. The answers cannot replace a personal counseling and no responsibility is taken for the correctness of this information.

Please let us know how we can assist you. We will react to your personal counseling wishes as flexible as possible.

Please click on the following link and enter your questions and we will get back to you as soon as possible. http://www.green-card.com/Visa-Services/request.html

 
YOUR QUESTION
I started working for a German bank in March 2001 and transferred to the branch office in New York in February 2007. Since then I am working in the US and I currently have an E-2 visa, which will expire at the end of January 2012. I have heard that there is an option to receive a green card through the employer, if you have a diploma and at least 5 years of work experience. Furthermore someone told me that the category "Employment Second Preference (E2)" does not have any cut off numbers and that there is no queue time. Is that correct?

If not, do you know how one can receive the green card through an employer in order to stay in the USA? Would it be possible for me to apply for the US citizenship even though I only have an E2-visa?

OUR ANSWER
Category EB-2 is available for applicants who have an employer applying for the employment-based-immigration. The applicant should basically have a higher "advanced degree" (master degree, doctor title) or an adequate equivalent.

In your case (diploma plus work experience) it would probably be possible to proof your qualifications, but we highly recommend doing an evaluation up-front.

It is correct that the queue time for EB-2 does not exist. According to the visa bulletin there are always visa numbers available (contrary to the EB-3 application). Keep in mind that you will need the Labor Certification. Despite your high qualification your employer has to proof that he could not find any person on the US market with the same (or higher) qualifications (PERM-method), meaning that the whole EB-2 process might take up to one year (or even longer).

The only exception is the Interest Waiver. In this case you would have to proof (together with the EB-2 process) that the USA has a national interest in employing you.

The advantage of your E-2 visa is that you or your husband can prolong that visa without any problems. If the E-2 visa expires after 5 years and you will still be employed, you can prolong that visa for another 5 years.

Besides the Employment-based-Immigration (green card through the employer) you will have the possibility of the family based reunion. Close relatives could apply for a green card for you or you can participate in the green card lottery. Furthermore there is the option of applying for an EB-5 Investor green card, but this can only be done with high investments.

If you have a valid E-2 visa you cannot directly apply for the US citizenship. Applying would only be possible if you had a valid green card. The queue time depends on the category of the immigrant visa (3-5 years).

YOUR QUESTION
I have my interview appointment at the consulate in Frankfurt at the beginning of February 2010. I am a Turkish citizen and would like to visit my sister who studies in New York. Right now I am working in my parent's restaurant but I am planning to start an apprenticeship at the beginning of September. Before I start my educational training I would like to spend two months in the USA. Maybe I should also mention that I was an au-pair in the United States in the summer of 2007, but I returned to Germany after 9 months.

Now I have saved enough money and my parents wrote a letter confirming that I will return to Germany after my two months stay and that they would financially support me (in case it is needed). I also have a sub-lease contract, a proof of residence, my cell phone contract and a return ticket. Do you think that is enough proof in order to receive a visa?

OUR ANSWER
In general you have prepared your application pretty well. When you go to the interview appointment at the consulate, they will check your intentions of returning to Germany after your 2 months stay in the US. That will be the main issue.

It could be a problem that you were in the US for a long period of time only 2 years ago. The consulate officers will surely ask you if you intent to visit your host family etc. If the officers get the impression that you have an interest of staying in the USA instead of returning to Germany, you will probably have to answer some extra questions.

It might be useful to get an official letter from the company where you intent to do you apprenticeship or a letter from your sister, confirming that she will bring you "into the flight" to make sure that you return to Germany after your visit.

Besides the letter from you parents, you could bring copies of the account statement of your parents (or the copies of your own account statement) to proof that you will be able to finance your stay abroad.
There is hardly any more you could prepare for your interview. By the way, you do not need to bring your cell phone contract.

It is very important to underline the fact that you only intend to go to the US for the mentioned 2 months and that you do not intend to work, study or stay in the US.

YOUR QUESTION
I am visiting my parents in the US at the moment. My dad suffers from Parkinson's and I would like to prolong my stay to support my parents. Is it possible to legally stay in the US for some time?
I travelled to the US within the visa waiver program so I am only allowed to stay here for 90 days.

OUR ANSWER
Unfortunately it is not possible to prolong the stay in the USA within the visa waiver program.

We would recommend returning to Germany and applying for a B-2 visa, which would allow you to stay in the USA for 180 days. When applying for that visa it would be useful to have an attest from your father's doctor, which confirms the disease and states and that your attendance in the USA is necessary. At the same time, you will have to proof your bindings to Germany to show that you will come back after 180 days.

The second option would be to return to Germany and then re-enter the USA again within the visa waiver program. In this case you should also have the confirmation of your father's doctor with you. It will help you to explain to the US officers why you are re-entering to the USA in such a short time.

From both options, we would recommend applying for the B-2 visa.

YOUR QUESTION
A German TV station would like to accompany me during my 4-weeks trip to the USA. Only today I heard that the singer Indira Weiss was deported of Miami because she was accompanied by a TV station and did not have a working visa.

Do I need a working visa in order to be accompanied by a TV team?

OUR ANSWER
It is correct that by travelling with a TV team you have to expect questions when entering the USA. You do not need a visa, but you should ask the production company to write a confirmation stating that you will not receive any money for the movie and that you will only enter the USA for touristic reasons.

The TV team, on the other hand, does need a visa in order to make the movie.