People who enter the U.S.A. illegally or overstay the time that they are allowed to be in the USA by 180 days or more and who leave the country are barred from reentering the USA for 3 years if they did not overstay by more than 1 year or barred from reentering for 10 years, if they were illegally in the country for more than 1 year. The act of leaving the USA is what triggers the bar to reentering.

Example: Anna, a citizen of Mexico, who came to the USA illegally. She is now 25 and is married John, a U.S citizen. If John petitions for Anna for permanent residence, it will not be possible for her to adjust her status to permanent residence inside the USA, since she does not have legal status inside the USA. Anna will be obliged to leave the USA to be interviewed at a Consulate in Mexico. The moment she leaves the USA, she is barred from returning for 10 years, UNLESS John can prove that it would be an exceptional hardship for him to live in Mexico for 10 years or wait for Anna to join him in the USA after 10 years. This is known as a "waiver." (Please note that there are exceptions. Where someone entered the country with a visa, overstayed and marries a U.S citizen. In that case it is possible to adjust status to permanent residence in the USA. There are some other exceptions, so check before you leave the country)

The present procedure requires John to wait until Anna is called for her interview in Mexico before he can submit his request for an exceptional hardship waiver. The consulate will then submit the waiver application to the Immigration Service for consideration.

It can take months before a decision is made by the Immigration Service, but Anna is required to wait in Mexico during this time. This waiting time can present serious challenges. For example, if they have children and John is working, who will care for the children?

U.S. Citizenship and Immigration Services (USCIS) intend to change its current process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant visa application. Specifically, USCIS is considering regulatory changes that will allow certain immediate relatives of U.S. citizens to request provisional waivers,   prior to departing the United States for consular processing of their immigrant visa applications. An alien would be able to obtain such a waiver only if a Petition for Alien Relative, Form I-130, is filed by a U.S. citizen on his or her behalf and that petition has been approved.

This revised process, which eliminates the time-consuming interchange between the Department of State and USCIS, would significantly reduce the amount of time that American families will be separated from their immediate relatives. USCIS also believes that efficiencies can be gained through this revised process for both the U.S. Government and most applicants.

USCIS would grant a provisional waiver if the alien meets the eligibility requirements, including demonstrating that the applicant's qualifying U.S. citizen spouse or parent would suffer extreme hardship. The provisional waiver would be granted before the alien leaves the United States to attend his or her immigrant visa interview with a consular officer. The provisional waiver, however, would not become effective unless and until the alien departs from the United States. If the alien is otherwise eligible for the immigrant visa, the consular officer may then approve the issuance of the visa so that the alien may proceed to immigrate to the United States for permanent residence.

The new process will reduce the movement of the case back and forth between the Department of State and USCIS, which significantly prolongs the overall process and increases the time that U.S. citizens are separated from their immediate family members.

USCIS will issue a proposed rulemaking that will explain the proposal in further detail and that will invite comment from all interested parties. Note: Do not send an application requesting a provisional waiver under the procedures under consideration in this notice. Any application requesting this new process will be rejected and the application package returned to the applicant, including any fees, until a final rule is issued and the change becomes effective.

Recently the U.S. Citizenship and Immigration Services (USCIS) announced a new initiative, Entrepreneurs in Residence (EIR), with the immediate goal of recruiting a small “tactical team” of business experts to work with USCIS staff to help streamline operations and enhance pathways within existing immigration law to help immigrant entrepreneurs start and grow businesses in the United States

This intensive 90-day project is a major priority for USCIS, the Department of Homeland Security, and the White House Startup America initiative.

USCIS just posted the job announcement to recruit external business experts for this tactical team, and applications will be accepted through December 31, 2011.

What is the goal of the USCIS EIR team?

The purpose of this tactical team is to bring business experts in-house to work alongside USCIS staff with the goal of more fully realizing the potential of current immigration law to attract foreign entrepreneurial talent. This means optimizing the range of existing visa categories already used by entrepreneurs to provide a pathway to success that is more clear, consistent, and aligned with business realities.

While most immigration petitions are genuine, the Immigration Service is constantly looking out for the scams.

In fact, the Immigration Service (“USCIS”) charges a Fraud Fee in some petitions, but the investigation of fraud in immigration cases is not only limited to those particular petitions.

The Office of Fraud Detection and National Security (“FDNS”) at the USCIS has been browsing the social network sites to root out fraud. The FDNS released a memo entitled “Social Networking Sites and their Importance to FDNS,” which makes it clear that the USCIS is investigating people, who apply for immigration benefits. This memorandum was obtained through a Freedom of Information Act demand on the government.

The memo does not say what level of suspicion is required before FDNS will investigate a person on the social media pages.

The memo even guides investigators on how to make “friends” with people on these sites so that they can get access to those restricted personal pages.

A social networking site can reveal a bogus marriage, where someone is listed as “single.” An H-1B professional who is supposed to be working for a software developer may be exposed as working as a bar tender. The solemn religious worker, who is seen chugging spirits at a wild beach party, will have no chance in arguing that “spirits” and “spiritual” are the same.

Kind-hearted U.S. citizens, who are only “trying to help” someone stay in the country can find themselves in federal criminal courts for fraud. Remember Uncle Sam is watching.

 If you are the widow(er) of a U.S. citizen who died before October 28, 2009 you may be eligible to immigrate to the United States if:

• You and your deceased spouse were married for less than 2 years when your spouse died and  
• You file Form I-360 for Special immigrant classification as a widow/widower by October 28, 2011. See section 568(c) of Public Law 111-83 for more information.

The Department of Homeland Security (DHS) is proposing to amend its regulations governing the employment creation (EB-5) immigrant classification. This rule only proposes requirements and procedures for special determinations on the applications and petitions of qualifying aliens whose employment-creation immigrant petitions were approved by the former Immigration and Naturalization Service (INS) after January 1, 1995 and before August 31, 1998. This rule would implement provisions of the 21st Century Department of Justice Appropriations Authorization Act.

The Regulations can be found at: Federal Register Vol. 76, Number 192, October 4, 2011 modifying Federal Register Vol. 76, Number 188, September 28, 2011 from page 59927 onwards.

Anyone wishing to comment on these regulations must submit them in writing on or before November 28, 2011.

The 2013 Diversity Visa Program (DV-2013) will open at noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2011, and will close at noon, EDT, Saturday, November 5, 2011. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) at www.dvlottery.state.gov. Paper entries will not be accepted. We strongly encourage applicants not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon, EDT, on November 5, 2011.

The annual program makes visas available to persons meeting the simple, but strict, eligibility requirements. A computer generated, random drawing chooses selectees for Diversity Visas. The visas are distributed among six geographic regions, with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the period of the past five years. No single country may receive more than seven percent of the available Diversity Visas in any one year.

For DV-2013, natives of the following countries are not eligible to apply because the countries sent more than 50,000

immigrants to the United States in the previous five years:

BANGLADESH, BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL

SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, SOUTH KOREA,

UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.

A native ordinarily means someone born within a particular country, regardless of the individual’s current country of

residence or nationality. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

Beginning with DV-2005, the Department of State implemented an electronic registration system in order to make the

Diversity Visa process more efficient and secure. They utilize special technology and other means to identify those who commit fraud for the purposes of illegal immigration, or those who submit multiple entries.

For DV-2013, the Department of State will once again implement an online process to notify entrants of their selection, and to provide information about the immigrant visa application and interview. Beginning May 1, 2012, DV-2013 entrants will be able to use their unique confirmation number provided at registration to check online through Entry Status Check at http://www.dvlottery.state.gov to see if their entry was selected. Successful entrants will receive instructions for how to apply for immigrant visas for themselves and their eligible family members. Confirmation of visa interview appointments will also be made through Entry Status Check.

For detailed information about entry requirements, along with frequently asked questions about the DV program, please see the instructions for the DV-2013 Diversity Visa program available at

http://travel.state.gov/visa/immigrants/types/types_1318.html.

The usual path to a green card based on an alien’s occupation requires a U.S. employer to petition for the  alien for a green card. Before the U.S. employer can do so, it is necessary for the employer to prove that there is a shortage of U.S. workers for that job. This process is known as applying for a Labor Certification. 

The exception to this rule allows aliens to petition for themselves and avoid the labor certification process, if they are exceptional in their field and they will benefit the U.S. national interest. In other words, the labor certification requirement is waived, if the alien’s occupation will benefit the national interest of the U.S.A., hence it is known as a “national interest waiver. (NIW)”

An entrepreneur can qualify if the:

How does an entrepreneur show that he or she will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States?

Entrepreneurs should discuss in their petitions, which element(s) (national economy, cultural  or educational interest, or welfare of the United States) the entrepreneurial enterprise is claimed to benefit. For example, the educational interests of the United States may be met by an entrepreneurial enterprise that establishes tutoring instruction learning centers throughout the United States.

As another example, the entrepreneur could demonstrate that at least one aspect of the welfare of the United States will be “substantially” better off were the entrepreneurial enterprise to be located in the United States. It should be noted that the term “welfare” as used by the statute is a broad concept and could refer to any number of areas.

NATIONAL INTEREST WAIVER

The term “national interest” is not defined in the statute or the regulations, andCongress did not specifically define the phrase in the relevant legislative history.

However, USCIS issued a precedent decision concerning NIWs, Matter of New York

State Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998) (NYSDOT).

While NYSDOT does not involve an entrepreneur, the decision contemplates that entrepreneurial or self-employed beneficiaries may qualify for the NIW under limited circumstances.

NYSDOT lays out a three pronged test for NIW applicants to qualify for a waiver of the job offer requirement:

1. The waiver applicant must seek employment in an area that has substantial intrinsic merit.

2. The waiver applicant must demonstrate that the proposed benefit to be provided will be national in scope.

3. The waiver applicant must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of the services of the waiver applicant by making available to U.S. workers the position sought by the waiver applicant.

Stated another way, the petitioner must establish that the entrepreneur will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

For more on this green card :

http://snaid.com/National-Interest-Waiver-and-Exceptional-Ability-Waiver.html