Visa

Description

A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa (green card) for permanent residence. The type of visa required is defined by immigration law, and relates to the purpose of travel.

Delays in marriage-based immigrant visa processing: Expedite options and travel issues

Question details

My son-in-law was interviewed at the US Consulate in Frankfurt in May 2023 for a marriage-based immigrant visa. They have requested his CV with traveling details for further processing. His case has been in Administrative processing for well over 90 days. I have two questions:

1. Is anything can be done to expedite the process?

2. He has traveled to the US on a B1/B2 visa four times prior to his interview from Germany. Is there any problem with him traveling to the USA to visit his wife while his case is in Administrative processing?

 

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FAQ Transcript

Regarding his previous B1/B2 travel history to the U.S., there shouldn't be an issue with further travel while his case is in administrative processing. Although there's a slight possibility of being turned away at the airport, Customs and Border Protection usually treats spouses of U.S. citizens with consideration.

To avoid potential travel hassles, your son-in-law can clear U.S. immigration at Dublin Airport, which offers a more convenient option.

 

Exploring permanent work and stay options in the U.S. for Canadian Permanent Resident

Question details

As a Canadian PR and having completed my post-graduate studies in Canada along with five years of Canadian work experience (HR), are there any specific visas I can apply for to work and stay permanently in the US? I will be eligible for my Canadian citizenship in March 2024.

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FAQ Transcript

A Canadian immigrant doesn't enjoy any special advantages over others. However, once you attain Canadian citizenship, numerous new opportunities become available. For instance, you become eligible for Treaty Trader and Treaty Investor visas like E-1 and E-2, as well as TN visas. Additionally, for most visa categories, you don't actually require a visa stamp. As a Canadian citizen, you can enter the United States without a visa, except for E visas and K visas. Visas such as F-1 and tourist visas typically aren't necessary; you can simply arrive at the border or airport with your Canadian passport. That's how the process works. It's important to note that being a permanent resident of Canada doesn't provide any advantage in the United States.

 

Do Canadian citizens need US visas? Canadian citizenship and F-1 visa

Question details

I will be eligible for my Canadian citizenship in March 2024 and will be pursuing a master's in the US for the fall 2024 intake. Do I have to get the F1 student visa stamped on the Indian passport (as the Canadian passport will take some time to process)? If yes, do I need to go to India to get the F1 visa stamped, or can I get it from a US consulate in Canada?

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FAQ Transcript

The processing time for the Canadian passport might be longer, so I suggest you check with the consulate. This situation appears unusual to me. In my understanding or recommendation, the law implies that once you take the oath of naturalization, it's the same as in the USA. I'm unsure about Canada's specific rules, but when you take the naturalization oath, you typically cease to be a citizen of any country except Canada. 

You may need to explore options to expedite your passport application, perhaps by paying emergency fees or any other required charges. I believe you should be able to enter the United States with a Canadian passport and an I-20 without needing a visa. Canadian citizens usually do not require a visa for entry.

 

What is the meaning of a US “visa canceled without prejudice”?

Question details

What is the meaning of a US “visa canceled without prejudice”?

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FAQ Transcript

Whenever the authorities, whether it is a judge or the government says "canceled without prejudice" that means they are canceling for some technical reason. This is not going to cause any harm if you want to apply for the same visa again. This therefore means cancellation without affecting your ability to apply again. It is not a black mark against you. 
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Correcting names on passports, visas, and other documents

Question details

This question is related to getting an FNU (First Name Unknown) removed from a green card and updated with the correct first name. In my wife's passport, the last name is empty and the first and last name is combined as Given Name. So in the green card, FNU is given as her first Name and full Name as last name. We are planning to update the Indian passport with a split name correction.

I understand that we need to file an I-90 for a name change. Since this is a split name correction, do we need to get the county court certification for name update, or is just presenting the updated passport with name correction (with first and last name mentioned) enough? Is any other documentation required? 

While the name correction is being processed  with USCIS will there be any issues traveling outside the country?

 

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FAQ Transcript

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Success in requesting a National Interest Exception for a client with a valid H-1 visa

In this case we assisted a client whose employee, with a valid H-1 visa stamped in this passport, traveled outside the U.S. and was unable to return due to the COVID 19 travel restrictions. We prepared a comprehensive letter with details about the petitioning employer, the specific project that the employee would be assigned to, and the urgency of the employee’s presence in the U.S., to the consulate requesting consideration under the National Interest Exception (NIE) for business travel to the U.S. for vital support of the U.S.

Nonimmigrant Visas

National Interest Exemption for Visas – For Students

Question details

Today I got NIE waiver approval from the US consulate. They sent the approval mail with a passport number. I have a valid USA visa. I am planning to travel back to the USA in a week. What doc's required to travel ? or NIE waiver is sufficient?

You have not told us what type of visa you possess. In addition to the NIE, you must meet all the usual requirements for your visa type.

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

FAQ Transcript

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.