Visa Information for Immigrants
Foreign citizens wishing to immigrate and live permanently in the U.S. must comply with U.S. visa immigration law, and specific procedures to apply for your visa. An Affidavit of Support form is required for most family-based and some employment based immigrants to show there is adequate means of financial support in the U.S., by the petitioner or other sponsor(s) for the immigrant.

National Visa Center  (General Information)
In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (USCIS) and retains them until the cases are ready for adjudication by a consular officer abroad. Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC  for several months or for many years depending on the visa category and country of birth of the visa applicant. 

NVC’s Role
The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.
 
 PERMANENT RESIDENCE (IMMIGRANT) VISAS ("GREEN CARD")
Family Sponsored Immigration U.S. citizens may petition for (sponsor) their spouses, parents, children, brothers and sisters. Permanent residents may petition for their spouses and children. The beneficiary (sponsored relative) becomes eligible to have his or her immigrant visa or Green Card application processed only if the visa petition is approved. Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Executives and Managers
(EB-1) Individuals who satisfy the requirements in one of these categories may seek permanent residence without first obtaining a labor certification. Generally, the labor certification requires an employer to demonstrate that there are no U.S. workers able, qualified and available for the job opportunity.

Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business (EB-2) A job offer and labor certification are required in this category unless an individual can obtain a National Interest Waiver by showing that his or her entry is in the U.S. national interest.

Skilled Workers and Professionals (EB-3) Foreign nationals in this category must have a job offer, and the prospective U.S. employer must generally complete the labor certification process.

Special Immigrant Visas for Religious Workers (EB-4) Foreign nationals who are ministers of religion may be sponsored for permanent residence.

Investor/Employment Creation Visas (EB-5) Up to 10,000 visas are available per year for investors in new commercial Enterprises, if the enterprise will create employment for at least ten U.S. workers. Generally, an investment must be at least $1,000,000, but if an investment will be made in a "targeted employment" or "rural" area, it must be at least $500,000.

When you complete a petition (I-130, I-140, etc.) for an immigrant visa we send it to Citizenship and Immigration Services (USCIS) in the Department of Homeland Security for approval. If the USCIS approves the petition they will send you a Notice of Approval (I-797) and then they will send the petition to NVC. There is a delay between when you get the Notice of Receipt and the Notice of Approval from USCIS and also between when you get the Notice of Approval and when NVC receives the petition. After NVC receives the petition, we will create a case record and assign a case number. We recommend that you wait at least three weeks after you get your Notice of Approval before
calling John A.Nicelli or NVC if you have not heard from the Center by that time. 

        You are welcome to schedule a consultation, Please click here:  CONTACT US 
       Fill out the form and call us. (212) 227-8020                                        

ADDITIONAL AREAS

Green Card Lottery (DV-1 Visas) An annual mail-in lottery is conducted for nations under represented in Green Card issuance. Applicants are selected at random to apply for 55,000 visas.

Diversity Visa (DV) Lottery Instructions:
click on the link here:  travel.state.gov      for up to date visa lottery info.

Waiver Applications National Interest Waivers and the (J-1 ) two-year foreign residence requirement.

Naturalization (U.S. Citizenship) Applications Generally, an applicant must have held lawful permanent resident status for at least five years. If the applicant has been the spouse of a U.S. citizen, the required period is three years. Applicants must also generally meet requirements for physical presence in the U.S.A., good moral character, basic English language skills, and knowledge of the history and government of the U.S.A.

Derivative U.S. Citizenship In some cases, foreign nationals may acquire U.S. citizenship at birth, or by derivation through the naturalization of one or both parents.

IRCA and I-9 Compliance for U.S. Employers The immigration laws make it illegal to employ foreign nationals who lack USCIS permission to work in the U.S.A. With very limited exceptions, employers are required to verify that all employees (even U.S. citizens) are authorized to work in the U.S.A. by timely completing and maintaining Forms I-9. Penalties may be imposed against employers for knowingly hiring and continuing to employ an unauthorized worker, and/or for failing to complete and/or maintain the required documentation.

If you are already a permanent resident,  learn about renewing or replacing your green card, travel outside the United States, your rights and responsibilities as a permanent resident, conditional residency, and more. If you are unsure which immigration path best fits your particular situation, Please call John A.Nicelli and arrange a consultation, (212) 227-8020. He will provide an honest assessment of your situation and have the proper procedures started promptly. 


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 You are welcome to schedule a consultation, CLICK HERE:  CONTACT US   
  Fill out the form and call us (212) 227-8020. 

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