BEST news for RNs from India, Philippines and China

himdale · May 25, 2005

thanks for the reply suzanne...
actually the story goes like this.. she is already a green card holder working as an rn in new york. they will be getting married by this september. she will be filing the petition after september. could be in november or dec. well as she is only a green card holder he will not be able to get the k visa u have specified. as per my knowledge k visa is only for the spouses of us citizens. remember she is only a green card holder and that's what is going to make the delay. coz of priority date for family based immigration for the spouses of green card holders (not citizens) is too long and approximately it's going to take 5 to 6 years. this part i am pretty clear. now my doubt is "will he (husband of green card holder) be able to go to us in any other temporary visa or non immigrant visa" during this period. since he has already an immigrant visa seeker would there be any problem in traveling to us. it could be b1-b2, h1b or any other visas. the whole idea is even if he can't work at least be there with his wife when ever he wants to.
hope i am clear with my doubt...
once again thank u for the reply
regards,
nimisha

:rolleyes: (research is the best source of information)

dear nimisha:

i hope this info helps!

from the dos website:

http://travel.state.gov/visa/immigrants/types/types_1493.html#work

nonimmigrant (v) visa for spouse and children of a lawful permanent resident (lpr)

overview

nonimmigrant visa for spouse and children (v visa)

how does a v visa work?

who can get a v visa?

how do i know my family members are eligible for v visas?

how will the embassy or consulate know that the applicant is eligible for a v visa?

a v visa applicant is also an immigrant

applying for a visa

derivative status for children

can the v visa holder work in the united states?

can a child apply by him/herself?

how much does it cost?

how long does it take?

what if the applicant is ineligible for a visa?

how can i get more information on the v visa?

overview

immigration law provides three ways for you, a lawful permanent resident (lpr), to bring your spouse, children and sons/daughters to the united states. they are:

immigrant visa (f2a) for family second preference immigrant visa for your spouse and children
nonimmigrant (v) visa for your spouse and children to travel to the united states to wait for processing of the immigrant visa. this internet document provides the application procedures for the nonimmigrant (v) visa.

what is a v visa?

the life act allows spouses and children of lawful permanent residents (lpr) to come to the united states on v nonimmigrant visas. the purpose of this act is to reunite families who have been or could be separated during the process of immigrating to the united states. with v visas, family members can wait in the united states for the immigrant visa process to be completed.

who can get a v visa?

spouses (husbands and wives) and unmarried children under the age of 21 of lawful permanent residents may apply for v visas under these conditions:

lawful permanent resident (lpr) petitioner must have filed the i-130 immigrant visa petition on or before december 21, 2000;
priority date is at least three years old;
priority date is not current;
applicant has not already had an immigrant visa interview or been scheduled for an interview;
petition is not already at an embassy or consulate abroad; and
applicant is otherwise eligible as an immigrant

the priority date is the date the us citizenship and immigration services (uscis) received the petition.

how do i know if my family members are eligible for v visas?

the national visa center (nvc) sends a letter to potential v visa applicants and the petitioner. this letter tells you, the potential v visa applicants, to contact the embassy or consulate where you can apply. you will get information about setting up a v visa appointment. when you contact the embassy or consulate, you must have this information with you:

your full name as on the petition and on your passport;
your date and place of birth;
your nationality; and
your mailing address and telephone number

how will the embassy or consulate know that the applicant is eligible for a v visa?

the applicant's name appears in the department of state's computer system. that is how the embassy or consulate abroad knows that the person is eligible for a visa.

a v visa applicant is also an immigrant

you, the v visa applicant, have an immigrant visa petition which your parent or spouse has filed for you. therefore, you must meet some of the requirements of an immigrant visa. some of the usual requirements of the nonimmigrant visa are not required. the consular section will tell you what to bring to the interview.

applying for a visa

you, the v visa applicant must contact the embassy or consulate where you will apply for a v visa. the consular section tells you of the specific requirements of the visa and schedules an interview. in general, the following is required:

current, valid passport
two copies of form ds-156 http://travel.state.gov/visaforms.html
ds-3052 http://travel.state.gov/visaforms.html non-immigrant v visa application form
police certificates from all places lived in since the age of 16
birth certificate
marriage certificate for spouse
death and divorce certificates from any previous spouse for both the petitioner and the applicant
medical examination (except vaccinations)
proof that the lpr petitioner is maintaining his/her permanent resident status in the united states
two nonimmigrant visa photos http://travel.state.gov/photorequirements.html (two inches/50 x 50 mm square, showing full face, against a light background)
proof of financial support (form i-134 affidavit of support, and/or other documents may be requested.) select form 1-134 http://uscis.gov/graphics/formsfee/forms/i-134.htm to go to the department of homeland security, uscis website for this form.
nonimmigrant visa application fee (mrv fee)

the consular officer may ask for additional information. you should bring documents that establish the family relationships. documents in foreign languages should be translated.

derivative status for children

children get derivative status from their parent's i-130 immigrant visa petition. it is not necessary that they have a separate petition to apply for a v visa. however, if the us citizenship and immigration services (uscis) has not approved the petition, the derivative status children are not listed in the department of state's computer as eligible for a v visa.

in such cases, these children must prove their relationship to the principal applicant for a v visa when they apply for a visa. remember that children must be unmarried and under 21 years of age in order to apply for v visas. see child.

can a v visa holder work in the united states?

a v visa holder can apply to the bureau of citizenship and immigration services (bcis) for permission to work in the united states. see how do i get a work permit ( employment authorization document )?

can a child apply by him/herself?

a child under the age of sixteen may apply through a parent or legal guardian.

how much does it cost?

fees are be charged for the following services:

filing an immigrant visa petition (i-130)
nonimmigrant visa application fee (mrv fees)
medical examination (costs vary from post to post)
fingerprinting fees, if required
other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. these costs vary from country to country and case to case.

for current fees, see fees .

how long does it take?

the length of time varies from case to case according to the circumstances of the person. the time it takes each consular office to process the case varies. some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. (it is important to provide correct postal addresses and telephone numbers.) the embassy or consulate may need to get security clearances. security clearances take time.

what if the applicant is ineligible for a visa?

certain conditions and activities may make you, the applicant, ineligible for a visa. examples of these ineligibilities are:

trafficking in drugs
having hiv/aids
overstaying a previous visa
submitting fraudulent documents

the consular officer will tell you if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver process is. for a complete list of ineligibilities see classes of aliens ineligible to receive visas .

how do i get more information on the v visa?

you can read the regulations on the v visa in 9 fam 41.86. the entire fam is available by clicking on foia on the department of state home page.

(may 2004)

joshu · May 25, 2005

true......also writing always in capitals.

Am sorry, but I cannot understand you... you keep on using / / /, and i really don't know what you mean...

himdale · May 25, 2005

HI DALE BACK TO BASIC Q WHEN IS THE SUPPLEMENT TOJUNE VISA BULLCOMING OUT/WHY DELHIHAS NOT RELEASED JUNE APPOINTMENTS LIST/HOW WILLTHEY IMPLEMENT APPOINTMENTS ON JUNE 1 IF THEY BECOME CURRENT TOO LITTLE TIME TOGET POLIOCE CERTS ETC /mumbaichennaiand calcutta have already released their june applist/sothey can only release in july 2005 /comments sugestions /

Kid80:

Yes you are right. There is TOO LITTLE time. I think the DOS will issue the Supplemental Bulletin but the embassies would probably post dates around July. DOS is pretending that they are acting in accordance with the law so to speak so they would be not be criticized by immigration attorneys and hospitals/employers. I have visited U.S. Embassy websites and there are still no news from the PIC countries on when they would proceed the final processing of cases that were delayed by retrogression.:angryfire

DALE

NYrnTX · May 25, 2005

as we know, many immigration lawyers including shusterman/murthy predicted that dos will publish an updated visa bulletin to reflect the new 50k visas for schedule a.

time is running out on this deadline but unfortuantely dos has not yet (eob, wednesday) published the upated visa bulletin with a new schedule a category having pd as 'c'. that means we have only 3 business days left for the all important june 1. (may 30 is a holiday in us due to memorial day).

keeping fingers crossed.

yani_07 · May 26, 2005

Dear Dale,

Thank you for the reply. My application is in Chicago Illinois. It was approved July 16,2003(PD). But I received the approval notice February 2004. I just have my visa screen certificate this month. It took some time for me to sit for my English Exam and apply for a visa screen certificate...money was a little bit hard to produce in here especially in my case I am single mom. If ever I will include my daughter with the DS 230 application what problems can I be facing if I did not get here with that allowable six months period.

Do you think that would be wise...help

Will I have the chance to be included with the 50,000 visas allocated for nurses. My employer just paid my DS230 fee and still do not received the form.I have a friend who received a letter from the NVC already, her application and PD is December 2004. She do not have the English test and visa screen yet. :)

Thank you.

Yani

Dear Yani:
Can I ask when did you get your visa screen certificate? And what service center are you from? Also when did you get your approval? I am doing a research on how fast service centers process cases on schedule a. Thanks...
About your question...did you include your daughter in the DS230? Because once you have your visas you have six months to get her. BUT if you are planning to get her some time soon...let's say more than six months...there will be a problem.
If your daughter did not accompany you or will not follow to join you within six months and you did not include her in the petition and visa application. Your daughter would lose the opportunity to immigrate to U.S. You will have to petition her on a FAMILY BASED category. (Permanent Resident petioning for a child under 21 years old). It means that you have to wait for the DATES to become current for family based categories. See the visa bulletin you will have an idea... And you know how long it is in the Philippines to petition someone via family based petition.
The estimated timeline would be around 5 years when the time you file the petition to get her. Please also consider the processing dates at USCIS which would take around 900 days. If you are in doubt about this matter you should immediately consult an immigration lawyer to be sure.
I DO NOT BELIEVE YOUR AGENCY AND EMPLOYER THAT YOU CAN GET HER ANYTIME. WELL UNLESS YOUR DAUGHTER IS A U.S. CITIZEN.
DALE

kid80 · May 26, 2005

delhi embassy released list of appointments for june 2005, no nurses there ,GOD BLESS DOS

himdale · May 26, 2005

as we know, many immigration lawyers including shusterman/murthy predicted that dos will publish an updated visa bulletin to reflect the new 50k visas for schedule a.

time is running out on this deadline but unfortuantely dos has not yet (eob, wednesday) published the upated visa bulletin with a new schedule a category having pd as 'c'. that means we have only 3 business days left for the all important june 1. (may 30 is a holiday in us due to memorial day).

keeping fingers crossed.

shusterman and murthy did not just predicted. they have a reliable source inside dos (charles openheim) that informed them that there would be a new category to reflect the new law for schedule a in the visa bulletin. if the dos would not update it probably it will appear on the july visa bulletin that will be published in mid-june...

dale

himdale · May 26, 2005

Dear Dale,
Thank you for the reply. My application is in Chicago Illinois. It was approved July 16,2003(PD). But I received the approval notice February 2004. I just have my visa screen certificate this month. It took some time for me to sit for my English Exam and apply for a visa screen certificate...money was a little bit hard to produce in here especially in my case I am single mom. If ever I will include my daughter with the DS 230 application what problems can I be facing if I did not get here with that allowable six months period.
Do you think that would be wise...help
Will I have the chance to be included with the 50,000 visas allocated for nurses. My employer just paid my DS230 fee and still do not received the form.I have a friend who received a letter from the NVC already, her application and PD is December 2004. She do not have the English test and visa screen yet. :)
Thank you.
Yani

Yani:

(your name reminds me of a local rock band there in the Phil or it was "yano")

Yeah I know how hard it is to earn money in the Philippines. Do not worry...Yes I am sure you can have a share of the 50k visas. Your friend..."EVEN SHE HAS COMPLETED AND PAID ALL AND EVEN SHE HAS AN INTERVIEW SCHEDULE AT THE U.S. Embassy...SHE WILL NOT BE GIVEN A VISA OR HIS/HER VISA WILL BE ON HOLD UNTIL SHE PRODUCED A VISA SCREEN CERTIFICATE! She would not be able to fly to the U.S. without a visa screen certificate.

Now about your daughter, if she does not fly to U.S. w/in 6 months (or within the validity of the visa) the chance of your daughter immigrating to U.S. will be lost because the visa will expire.

I have read some articles from immigration lawyers that if you would inform the U.S. Embassy and explain them your case and you have compelling reasons for this matter they would consider extending the validity of the visa of your daughter. They are very understanding and considerate when it comes to reuniting familes especially you will be an immigrant. But you may need an immigration lawyer to guide you further on that matter. Talk to your agency's immigration lawyer, i am sure they have one.

Now i would like to ask. How long exactly would you like your daughter to stay there in the Philippines before you get her? She's a little young you said and being a single mom means no one would take care of her in the U.S. right? Because if your daughter would stay there in the Philippines for about 3 years there is another option for you that would be quite helpful.

As you know when you fly to the U.S. your status will be a "permanent resident" and you are eligile to file an immigrant visa petition for your daughter as soon as you get there. There is a non-immigrant visa category available for your daughter called the V VISA. The purpose of this V Visa is to reunite familes while they are still waiting for the approval of the immigrant visa petition. I have posted details of the V Visa on the previous page of this thread. Please read it, it might help.

ONE MORE THING I ALMOST FORGOT TO SAY...you have to include your daughter at the DS230 because you might be QUESTIONED SOON by the U.S. Consulates as to why you did not declare that you have a daughter when you petition her and that would be a BIG problem. Making false statements could mean visa denial. Just be honest and explain your case to the U.S. Consulates as to why you cannot take your daughter with you within that timeframe and ask them for consideration that her visa validity be extended.

I really admire women who remains to be strong despite of hardships and trials that came into their lives. Don't worry everything will be ok...

DALE

dhel28 · May 26, 2005

Shusterman and Murthy did not just predicted. They have a reliable source inside DOS (Charles Openheim) that informed them that there would be a new category to reflect the new law for Schedule A in the visa bulletin. If the DOS would not update it probably it will appear on the July Visa bulletin that will be published in mid-june...
DALE

Although the visa bulletin is not updated yet, 2003-2004 PDs are being scheduled for intervies already. One example is an PD of April 2004 having a scheduled interview. Please check this site

http://manila.usembassy.gov/wwwfvisa.pdf

If you have case numbers, then you can check it out.

Manila US Embassy just issued there visa appointment interview for the month of june.For the first week they will interview EB3 case number of 2002 and for the third and last week 2003 to 2005.

Good luck!

himdale · May 26, 2005

Although the visa bulletin is not updated yet, 2003-2004 PDs are being scheduled for intervies already. One example is an PD of April 2004 having a scheduled interview. Please check this site
http://manila.usembassy.gov/wwwfvisa.pdf
If you have case numbers, then you can check it out.
Manila US Embassy just issued there visa appointment interview for the month of june.For the first week they will interview EB3 case number of 2002 and for the third and last week 2003 to 2005.
Good luck!

Dhel:

I have already checked the site. The first three letters of a case number as we all know stands for the Embassy in which for example MNL means us embassy manila. The next four numbers means THE YEAR IT WAS RECEIVED BY NVC FROM USCIS. So having a number MNL2005XXXYYY does not mean your PD is 2005. or MNL2004XXXYYY does not mean your PD is 2004. These cases were simply received by the NVC on that year. The next three digits are the julian date as the variable XXX. And the variable YYY is case order it was created. I hope that MNL2005XXXYYY cases are Schedule A nurses who has PD's around 2004. I think the main backlog of nurses going for CP are 2004.

Dhel please check your agency if there are other nurses who has interview appointments. Or any nurse in this forum in the Philippines who has received interview appointments so that we can estimate the pace of interview dates by the U.S. Embassy so that we can help other nurses prepare who are in line. This is very good news though.

Thanks for the update.

DALE

nimishavarghese · May 26, 2005

Hi Dale,

Could u please explain about the documents and stuffs in

Packet 1, 2, 3, 4 and 5

I am completley head over heals on this.

Please help me

nimisha

dhel28 · May 26, 2005

Hi Dale,
Could u please explain about the documents and stuffs in
Packet 1, 2, 3, 4 and 5
I am completley head over heals on this.
Please help me
nimisha

50,000 SCHEDULE A VISAS WILL BE RELEASED IN JUNE

Hammond Law Group has recently learned that the Department of State (DOS) will announce shortly the availability of 50,000 EB3 for Schedule A immigrant visas applicants recently authorized by Congress. The new visas should be available in June and will eliminate retrogression for Schedule A occupations -- registered nurses and physical therapists.

One potential delay is that the National Visa Center (NVC) appears to have reallocated resources in light of the retrogression. It may take some time for the NVC to reach pre-retrogression efficiency.

Good news!