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 current visa - regulations.

Please note that the given answers cannot automatically be applied 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 am a 19 year old high school graduate and I would like to live in the USA for one year. My problem is: I already do have a host family, but it is difficult to get a visa without an agency. I did meet my host family during a three-week-stay in the USA last year. I would like to spend a year in the USA and take classes to improve my English.

Our Answer:

Unfortunately it is not possible to get the J-1 visa without using a certified au-pair agency.
An au-pair-employment, organized on your own, is not tolerated by the US-authorities.

If you would like to take classes in the USA, you may apply for the F-1 visa in the responsible US embassy. Therefore it is necessary that an US school, certificated to accept foreign students, issues the I-20 form. Furthermore you have to proof that you are able to finance your stay in the USA. It is also important to demonstrate your national bond to your country to guarantee your return.

Your question:

Hello, I would like to take part in a language trip to the USA for 16 weeks next year to improve my English. As far as I know I will need a F-1 visa. Additionally I would like to work in an internship organized by myself (5-6 months). For last mentioned internship I will need a J-1 visa, which, means I will have to adjust my status by using the I-539 form. My question is: What else (accept the DS2019) do I have to fill out? Where should I send it to?

Our Answer:

As you already stated you will need a F-1 visa for the language class and a J-1 visa for the internship. An adjustment of status inside of the USA between two different visa categories is not possible.
Information about Adjustment of Status:
The adjustment of status (I-539) has to be submitted to the responsible USCIS, depending on the location you are working at.
Click on the following link for more information: http://tinyurl.com/ygcbwx.
The application has to be handed in in written form while your residence is still legal. We recommend a period of 45 days before your F-1 visa becomes invalid.
During the process of adjusting your status, you are not allowed to leave the USA; otherwise your application will be declined. Please keep in mind that the USCIS will just change your status to J-1, but will not issue a new visa, which means in case you would like tot leave the USA you will need a J-1 visa (issued by the responsible US- consulate) for the J-1 status to re-enter.

Your question:

I hold a green card since 2000. Because of military projects I wasn't able to travel to the USA within one year. Afterwards I didn't even try to enter the USA. I would like to immigrate to the USA together with my family. The problem is that my green card will not be accepted by the consulate anymore after such a long absence. Is there any possibility or any institution, which can make an exception?

Our answer:

Unfortunately we do not have good news for you. Usually you have to apply for a re-entry permit before leaving the USA for more than 365 days. Sometimes it is possible to file the re-entry permit at a later day, but in general the US agencies just accept such an exception if it is regarding a medical emergency. A "returning resident visa" is an option if you still have close ties to the USA and good reasons for your long absence.
If your green card (the plastic card) is still valid, you may try to fly to the USA and maybe you will be lucky and allowed to enter. This chance might seem to be low, but higher than winning in the green card lottery once again. After handing in and giving up the green card officially you would be able to apply for the lottery again.

Your question:

I have a question regarding a relative of mine. He met a woman on his trip to New York and now she is pregnant. The child will be born in the USA and will get an US passport. Is it possible for him to get a green card, since he will be father of a child or will it be better to participate in the lottery? Another chance could be to marry the woman to enjoy his child growing up?

Our answer:

Your relative is not profiting by having a child which is an US citizen. Even though the child has the US citizenship, it can't apply for a family reunion until the age of 21. So the only possibility left is to marry the mother, who could file a family reunion to get a green card for him. Beyond that he could apply for the green card lottery or for a non-immigrant visa (e.g. work permit).