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English » News » Newsletter Archive » 2005 » Newsletter 09/2005 » Visa & More: Frequently Asked Questions
Visa & More: Frequently Asked Questions
Below, you will find a selection of visa questions we have been asked by our customers over the last few days. Please note that none of the answers below is an actual substitute for individual consulting and can only touch on the real issues. We would like to point out that we do not take responsibility for the correctness of this information.
If you need fast and individual information, our service team is there for you on the phones from Tuesday to Friday between 11am and 7pm. Find the phone number on our homepage and get our experts' advice on everything visa as quickly and as conveniently as possible.
And as usual, for all questions concerning the green card lottery just call our service team.
YOUR QUESTION: We have strong economic ties to a company in Chicago. Our daughter (20) has now completed her job training (medical assistant) and would now like to work at said company for approximately half a year; not least to learn the language and to broaden her horizon. She may job at the company and do an internship. What kind of visa does she need?
OUR ANSWER: Your daughter will not be able to obtain a work permit. In addition, the process would be much too expensive and time-consuming for the relatively short time of her stay (4-6 months processing time). As an alternative, she may acquire the J-1 Visa for an internship via an exchange organization. For this, she would need form DS-2019 issued by the organization. With that, she could apply for the J-1 status. Please note that J-1 visa cannot be obtained without the support of an authorized institution of this kind.
YOUR QUESTION: My family and I have been living in the US until recently (for six years). Our two children have been born there and are US citizens. What are our chances as parents if we want to go back to the US?
OUR ANSWER: You probably want to know what kinds of green card options you have through your children. Unfortunately, US immigration law does not provide any immediate options, your children have to be at least 21 before they may submit an immigration petition for you. As an alternative you should look into other options based on your qualifications as a medium or long-term option, such as the H-1B or H2B.
YOUR QUESTION: What are the US authorities' limitations for the Visa Waiver Program? For example, may I enter the US for 90 days at a time several times a year? How long do I have to stay in Germany in between?
OUR ANSWER: You may stay in the US for a maximum of 90 days a year. You my be refused re-entry in case the authorities suspect that you don't have sufficient ties to Germany because of your frequent visits to the US. There is not even really a guarantee for those 90 days. If you want to stay for more than 90 days, you will have to apply for an appropriate visitor visa and prove that you do have above mentioned ties to your home country.
YOUR QUESTION: I am a German citizen, and have been in the US on a B-1/B-2 visa in July 1996 (6 months granted). Shortly before the expiration date, I applied for a status change to the F-1, which was, however, denied three months later. I left in October 1997, and believed I had lost the I-94 (which I have found again recently). Should I send this to London to have it corrected first and then apply for a visa? My visa will probably not be valid anymore since I stayed illegally for a few months?
OUR ANSWER: You should probably send the I-94 to the US. However, that would probably lead to the recording of your illegal stay that the US authorities so far didn't know about. The B-1/B-2 does not necessarily have to be invalid, because staying while you were waiting for your status change from B to F-1 is not illegal, provided you left the country immediately after you received the rejection notice.
YOUR QUESTION: If possible, we would like to organize our daughter's high school year in the US without an exchange organization, since we have already found a host family in Sacramento. Is this possible at all?
OUR ANSWER: Rules similar to those for an internship apply here. This means that only exchange organizations are authorized to issue the necessary forms for the J-1status to foreign students. As an alternative, the school might be registered with US Citizenship and Immigration Services. In that case, they will be authorized to issue you form I-20 for the F-1 visa. Please note that foreign students may only attend public schools under certain conditions.
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