Archive-name: us-visa-faq/part3
Last-Modified: May 30, 1994

Currently, the alt.visa.us FAQ is maintained by 
B.G. Mahesh [mahesh@evb.com]

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part3. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part3
in the body of the message.

Please see part1 of this faq for standard disclaimers.

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      H visa
                      ------

Q. Do I need to hire a lawyer for H-1B/GC?
A: [from B.G. Mahesh, mahesh@evb.com]
   Getting your H-1B should be pretty straight forward but now a days
   things are getting tough. One needs to know the various rules/laws
   of immigration. One must be ready to devote a lot of their personal
   time to get a H-1B/GC on their own.  In a nutshell, if you or your
   employer can afford a lawyer hire a lawyer.

Q. How much does it cost to hire a lawyer for a H-1B visa?
A: [from B.G. Mahesh, mahesh@evb.com]
   Anywhere between $800-$1500. I have known people hiring lawyers for
   just $800 and having a TOUGH time getting their H-1B visa because the
   lawyer was not very good. This doesn't mean all lawyers charging less
   than $1000 are bad and the ones charging > $1000 are good :-)

Q. Does the lawyer need to reside in the same city/state where I live?
A: [from B.G. Mahesh, mahesh@evb.com]
   NO! Most of the work is done by phone/fax [and email in few 
   cases :-) ] So it doesn't make a big difference where the lawyer 
   resides unless you are expecting complications which may require
   you to meet the lawyer personally. 

Q. What forms are needed for H-1B visa and where can I get it?
A: [from Philip.Tong]
   Form I-129H. You can get it from your INS office.

Q. Can I get a H-1B visa for a part time job?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes.
 
Q. Having H-1B visa with one company, can I work some where else 
   also, like part time job ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   You will have to get another H visa for the second 
   employers.  Note, you can simultaneously hold more than one H visas.

Q. During the process of H-1B visa, suppose if I get a better job
   what happens ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Apply for a new H-1B

Q. Should I wait for my H-1B approval before I join the new job? 
A: [this question is related to the previous question ]
   [from Rajiv S. Khanna, rskhanna@immigration.com]
   You must wait to get the second H-1B approved.  H visas are 
   employer specific.
 
Q: I am coming up on the second three year extension on my current 
   H-1B visa. If I change employers 3 months into the extension, will 
   I be able to use the remaining 2yrs 9 months with another employer 
   on a new H-1B ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes you will, but you do have to get a new H-1B classification.

Q. My H-1B is up for renewal after three years . It was received without
    the DOL Clearence that is required now a days. Will the renewal need
     such a clearence from DOL ? 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, you will now need an LCA.

Q. How many days/weeks/months does it take to get a H-1B?
A:  [from B.G. Mahesh, mahesh@evb.com]
    This depends on the state you reside. Generally after your LC,
    it should about 2-4 weeks to get your H-1B visa.

+Q. I have a H-1B visa and I want to change jobs. Is it possible
   for my new employer to file for my H-1B without my original
   H-1B document which is with my present employer?
A: [From many on the net]
   No, you don't require the original H-1B document from your
   present employer to get a new H-1B. A xerox copy of the old H1 
   approval is sufficient(if at all needed) to file for a change of 
   employer (Eventhough you have to go through the whole process of 
   getting the first H1B approval).

*Q. How much is the fee for H-1B, H4.
A:  [Praveen Goli, goli@txc.com]

    H-1B : $70.00 [add $80 if you are changing to H-1B from
                   another visa] 
    H4 :

Q: I did not get a "Blue" form with my H-1B visa approval notice. Why?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]

    INS has started using a new "Notice of Action" form.  H approvals 
    used to arrive on blue forms.  They will now be arriving on white 
    forms with the bottom portion being an I-94 to be cut and retained 
    by the foreign worker in question.  Incidentally, the new form is 
    called an I-797C.

Q: If my company is bought by another company is my H-1B visa still valid?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   According to INS, if the successor company undertakes all rights,
   liabilities, assets and privileges of the previous employer - the H
   visas are valid even after the takeover.  In simple English, get an
   opinion from a lawyer in writing.  Otherwise, all H visa holders 
   could be out of status.

Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
   or Canada?
A: [from Pramod S. Badjate, badjatep@agcs.com]
   Yes you can. But you should make sure that you don't turn in your 
   I94 at the border while leaving US. Then you have to fill in a new 
   I94 when you enter US by showing your VISA and old I94. 


Q. What documents are needed to get a multiple entry H-1B visa?
A: [from Pramod S. Badjate, badjatep@agcs.com]
   1. Passport with current I-94
   2. H-1B approval form (* ORIGINAL*)
   3. Copy of H-1B petetion form (I 129) Ask your company for this. 
      It is very important because I know a friend who was turned 
      down since he did not have this.
   4. Copy of Form ETA 9035 or the Labour condition application that was 
      filed by your company. Ask your company or lawyer if this was 
      necessary in your case.   If it was, take a copy of the document that 
      was given to the INS.
   5. Letter from my immediate supervisor stating that I work for him and 
      may need to travel abroad for official purposes soon and hence be 
      granted an H-1B visa. It was addressed to US consulate, Juarez. This 
      was not asked for by the consulate official who interviewed me.
   6. Company verification letter from Human resources giving details like 
      job title, pay date of joining etc.
   7. My appointment letter that I had got from Human resources.
   8. Pay stubs or company ID.
   9. $100 cash.
   10. One Passport size photograph
   11. Degree certificates [original + copy]

   [from Rajendran Manohar, rmanohar@jupiter.saic.com]
   I had called the American Embassy at Juarez last week, and they
   said I should come with attorney certified copies of my original
   H1B application, in addition to everything mentioned above.


Q. What documents do I need for H4 visa when applying at US
   consulate ?
A:[From Mahesh Kumar Bagade, c23mkb@kocrsv01.delcoelect.com]
  Necessary papers for your spouse's H-4 visa:

  1) I-797 form (your H-1B working permit) : Original
  2) Letter of employment from the company you work 
     for with salary : Original
  3) A Letter addressing Consulate in favour of 
     your spouse visa: Original
  4) Copy of first 5 pages of your passport. : Notarized
     (Make sure that you have the copy of the page with 
     current valid visa.)
  5) Copy of the Marriage certificate : Notarized
  6) Bank statement [proof of money for supporting your spouse]
  7) A couple of your paychecks would be a plus point.
  9) Original passport of spouse
  8) Finally a $100.00 fees for the visa process.

Q: For how many months are the papers sent for H4 valid?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
   The papers sent are valid as for atleast 2 months.

Q: Documents for H4 have been sent. If I change jobs should
   I resend a fresh proof of employment from my new employer?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
   In case of a new H1-B notification, it's better to submit  the new
   H1-B notification and letter from new employer also as proof; there
   have been instances where the consulate has called the employer to
   verify claim of employment. In general, if the job switchover can wait, 
   wait till the visa is issued

Q: Can I renew my multiple-entry visa stamp by mail?
A: [Compiled by Michael Carroll, br.mjc@rlg.stanford.edu]
   Yes, but note that this is only for renewal or reissuance, not
   for obtaining the first one, and note that this is for the visa
   stamp in your passport that relates to travel permission.

   Which types of visa can have stamps reissued in this way?  The
   recording said E, H, I, L, O, and P.  One netter said also A and G.

   First step: you have to obtain the form to fill out, by writing to:
               Department of State
               Visa Services
               Room 238A
               2401 E Street N.W.
               Washington, D.C.
               Phone :  (202) 663-1225.

    You need to say that you want your visa (stamp) reissued, and 
    would like copies (specify how many) of the appropriate form, 
    which I believe is Form OF-156.  You must also enclose a stamped
    self-addressed envelope for them to send you the forms & instructions 
    in.  

    Second step: You should receive instructions along with the form.
    In summary, the things that need to be sent back to the above
    address are:
      1)  Your passport containing the stamp that's to be renewed;
      2)  The form they sent you (OF-156);
      3)  The original of your I-94, not a copy;
      4)  A copy of your petition approval (I-171C or I-797);
      5)  Letter from employer;
      6)  Another stamped self-addressed envelope with enough postage
          for the return of your passport (courier service could 
          also be used).
      7)  A check for the renewal fee [for H1B fee is $100]
    
    Six weeks is the normal processing time, or to allow that long.  

Q: What are the different types of H-1 visas?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   An H-1B classification is temporary (three years, extendable for 
   another three).  People loosely refer to H-1B as H-1.  So they are 
   the same thing.  The following variations exist within H-1:

        H-1A    Registered Nurse
        H-1B1   Specialty Occupation (Professionals)
        H-1B2   U.S. Department of Defense special visas
        H-1B3   Artists, entertainers or fashion models of national or
                international acclaim
        H-1B4   Artists or Entertainers in unique or traditional art form
        H-1B5   Athletes
        H-1BS   Essential support personnel for H-1B entertainer or athlete.


+Q. What is the difference between Labor Certification and 
   Labor Condition Application? I do understand that one is for 
   H-1B and the other is for Green Card. Beside this, there must 
   be some other difference. What's it?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   An LCA is a very abbreviated procedure.  It is merely a one page 
   form that is routinely certified by the department of labor within 
   7-10 days.  The labor cert. is a much more complicated procedure 
   that is not "routine."  It requires a lot more time and effort.

+Q: It is widely understood that a job ad is required for Labor 
   Certification.  Some one told me that a job ad is also required 
   for Labor Condition Application but some others told me that it 
   is not necessary. What is the truth? If LCA required a job ad, 
   why is the job ad required one more time later on in Labor Certification? 
   What is the difference?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   No job ad is required for LCA.  Only internal notices need to be 
   posted by the employer.  Additionally, within 24 hours of filing an 
   LCA, the employer is required to maintain certain documentation within 
   their own premises.

+Q: What is the role of my academic degree in applying for the Labor
   Condition Applicaiton or Labor Certification? It is said that 
   at present only advanced degree (Master, Ph.D) can have good
   chance to get approval of the Labor Condition Applicaiton or 
   Labor Certification. Is that true?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   For H-1, a Bachelors degree in a narrowly defined subject area is 
   sufficient. PhD has NO additional significance.

   For a labor cert., chances of success depend upon how many people can 
   qualify for the job.  If an ad is placed for a Bachelors degree, 
   chances are a lot more people will apply than would for a job that 
   require a PhD degree.  Plaese remember, it is not advisable to tailor 
   a job to suit your own needs.  If the employer asks for restrictive 
   requirements for the job, the department of labor will object to it.  
   Also, the higher the qualifications, the bigger the salary must be.

   It is NOT true that ONLY advanced degrees have a good chance of success.  
   There are a lot of variables that need to be considered.


-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us


-------------------------------------------------------------------------------
Area # 2120  news.answers           05-30-94 10:11      Message # 13263
From    : mahesh@evb.com
To      : ALL                                           
Subj    : FAQ : alt.visa.us period

@SUBJECT:FAQ : alt.visa.us periodic postings and archives (part 1 of  
Message-ID: <CqMCrn.3EK@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.

Archive-name: us-visa-faq/part1
Last-Modified: May 30, 1994

Currently, the alt.visa.us FAQ is maintained by 
B.G. Mahesh [mahesh@evb.com]

Frequency: This will be posted twice every month [1st and 3rd week] on 
    news.answers, alt.answers and alt.visa.us. This may be posted 
    often on alt.visa.us every month.

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part1. To get this FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part1
in the body of the message. Make sure you don't have a signature 
in body of the message.

To get the entire FAQ [which includes the answers to the questions from
this FAQ] by email, you should send a message to mail-server@rtfm.mit.edu 
with
        send usenet/news.answers/us-visa-faq/*
in the body of the message. Make sure you don't have a signature 
in body of the message. The above instruction *work*, I have
tried them, if it doesn't work get local help before sending me an email.

IMPORTANT IMPORTANT IMPORTANT NOTE !!!
--------------------------------------
If you don't have access to alt.visa.us and you wish to ask a question
related to immigration then send your query to alt-visa-us@cs.utexas.edu
Please try to be brief and try not to exceed 72 columns when you type in
the message. Mention in your message that you don't have access to
alt.visa.us newsgroup and people should respond to you directly.

Individuals are encouraged to submit corrections, questions and answers 
to mahesh@evb.com directly.  In many answers below, submitters are noted 
in parentheses at the beginning of comments.  (Comments may be 
slightly edited.)

Please note that my employer has NOTHING to do with this FAQ and
is in NO WAY responsible for the info in this FAQ. Myself and other
submitters are in no way responsible for the info provided in this FAQ.
It is not legal advice and should not be construed as such. Contact your 
foreign student office, the USIA or competent legal counsel. 
*** Corrections to the information below is highly appreciated. ***

This article includes answers to the following questions. Questions 
marked with a + indicate questions new to this issue; those with 
significant changes of content since the last issue are
marked by *:

Welcome to alt.visa.us, a newsgroup for discussion of non-immigrant
and immigrant visas to USA.  This message is followed by five others,
each summarizing a set of "frequently asked questions" (FAQs):
    FAQ 2: General questions                     (part2 of 6)
    FAQ 3: H-1B visa                             (part3 of 6)
    FAQ 4: J Visa                                (part4 of 6)
    FAQ 5: K, L & Visitors Visa                  (part5 of 6)
    FAQ 6: Green Card, GC Lottery  & Citizenship (part6 of 6)

                    General 
                    -------
Q. What is this FAQ about?
Q. Is their a internet site from which I can download any info 
   regarding immigration?
Q. Are there any books regarding Immigration?
Q: What does XX non-immigrant visa mean?
Q. Are there any lawyers who can be reached by email?
Q: Are there any mailing lists?
Q: How to select an immigration lawyer?
Q. Is there a list of "recommended lawyers" ?
Q. Are there any lawyers you don't recommend ?
Q: What are the numbers for "Ask Immigration" Telephone Information 
   Systems operated by INS.
Q: Which is the best time to change this maiden name to the
   married name and how to go about it?
Q: What is form XXX ?
Q. Wish List

                    H-1B Visa
                    --------

Q. Do I need to hire a lawyer for H-1B/GC?
Q. How much does it cost to hire a lawyer for a H-1B visa?
Q. Does the lawyer need to reside in the same city/state where I live?
Q. What forms are needed for H-1B visa and where can I get it?
Q. Can I get a H-1B visa for a part time job?
Q. Having H-1B visa with one company, can I work some where else 
   also, like part time job ?
Q. During the process of H-1B visa, suppose if I get a better job
   what happens ?
Q. Should I wait for my H-1B approval before I join the new job? 
Q. I am coming up on the second three year extension on my current 
   H-1B visa. If I change employers 3 months into the extension, will 
   I be able to use the remaining 2yrs 9 months with another employer 
   on a new H-1B ?
Q. My H-1B is up for renewal after three years . It was received without
    the DOL Clearence that is required now a days. Will the renewal need
     such a clearence from DOL ?                                         
Q. How many days/weeks/months does it take to get a H-1B?
+Q. I have a H-1B visa and I want to change jobs. Is it possible
   for my new employer to file for my H-1B without my original
   H-1B document which is with my present employer?
Q. How much is the fee for H-1B, H4.
Q: I did not get a "Blue" form with my H1B visa approval notice. Why?
Q: If my company is bought by another company is my H-1B visa still valid?
Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
   or Canada?
Q. What documents are needed to get a multiple entry H-1B visa?
Q. What documents do I need for H4 visa when applying at US
   consulate ?
Q: For how many months are the papers sent for H4 valid?
Q: Documents for H4 have been sent. If I change jobs should
   I resend a fresh proof of employment from my new employer?
Q: Can I renew my multiple-entry visa stamp by mail?
Q: What are the different types of H-1 visas?
+Q. What is the difference between Labor Certification and 
   Labor Condition Application? I do understand that one is for 
   H-1B and the other is for Green Card. Beside this, there must 
   be some other difference. What's it?
+Q: It is widely understood that a job ad is required for Labor 
   Certification.  Some one told me that a job ad is also required 
   for Labor Condition Application but some others told me that it 
   is not necessary. What is the truth? If LCA required a job ad, 
   why is the job ad required one more time later on in Labor Certification? 
   What is the difference?
+Q: What is the role of my academic degree in applying for the Labor
   Condition Applicaiton or Labor Certification? It is said that 
   at present only advanced degree (Master, Ph.D) can have good
   chance to get approval of the Labor Condition Applicaiton or 
   Labor Certification. Is that true?


                J Visa
                ------
Q: On what grounds can I get a waiver?
Q: Does marriage to a US citizen help?
Q: Who makes the waiver decision?
Q: What is USIA's address?
Q: What's a NORI?
Q: If I get a NORI, will I get a waiver?
Q: Is there a threshold of money received below which a waiver is
   automatically granted?
Q: Can I pay back the money I got and get out of the HRR?
Q: Can I visit the United States while serving my two-year sentence?
Q: Do I have to return to my home country?
Q: Can I reside in my home country and work in another country?
Q: Can I work for a company of my home country in another country?
Q: Does writing to your congress person help?
Q: What do I need to show after the two years to prove that I 
   resided and worked in my home country?
Q: Can I apply for H-1B, permanent residency, etc. while serving the
   HRR?
Q: How do I go about applying for a waiver?  Do I have to work for 
    the sponsoring agency?
Q:  How long does the whole process take?
Q: Do I need to hire a lawyer to apply for a waiver?
Q: How often can I apply for a waiver?
Q: Does a J1 have any advantages?
Q: When can an interested U.S. Govt. agency sponsor me for 
   a waiver of the HRR?
Q: Can an interested U.S. Government agency sponsor me for 
   a waiver if I work for a private company?
Q: If an interested U.S. Govt. agency sponsors me, will I get a waiver?
Q: How long does it take for me to obtain the waiver once I submit 
    my papers to the interested Govt. agency?
Q: What is the procedure followed in an IGA waiver?

                       K Visa
                       ------

Q: Who can apply for K visa?
Q: How do I obtain a K visa for my fiance(e) (who is not currently in
   the US)?
Q: How long does it take to get a K visa?
Q: How long is it good for?  What are the conditions?
Q: What is needed for the petition?  
Q: Can I do this myself, or do I need a lawyer?
Q: How much will a lawyer charge?
Q: How will I know the petition is approved?
Q: What is needed after petition approval?
Q: What is needed at the interview?

                      L Visa
                      ------

Q. What is L-1 visa?
Q. Who qualifies for a L-1 visa?
Q. For how may years is L-1 visa issued for?
Q. Can dependants of L-1 come to USA?
               
                      Visitors Visa
                      -------------

Q: What documents should I send to sponsor for a visitors visa?
+Q: Can the immigration officer at the port of entry (or any other
   INS officer) cancel the B1/B2 visa?  If so, on what grounds?

                      Labor/GC
                      --------
Q. How many days/weeks/months does it take to get a Labor Clearance 
   for GC?
Q. What is involved in the labor certification? 
Q. Does the employer need to show the company's finances?
Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
Q: If I one were waiting for a GC date to become current,  
   after one got one's labor certification AND the 6 year 
   limit on H-1B expires while waiting, will one have to 
   leave the country ?
Q: Will all the GC wait come to a naught in this case , or can 
   one wait for it outside the country ?
Q: When Labor Certification has been recieved, is H-1B still the
   operating visa, or do you fall under some new status ? 
Q: Can one apply for GC through an employer while on H-1 for 
   another employer?
Q: Can an applicant qualify for a GC without going through 
   Labor Certification?
Q: What category spouses of GC holders fall under?
Q: What is the waiting period for such cases?
Q: And, I had heard that there was a bill
   up for vote.  Do you have any information on this?
Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
Q. Does a parent (green card holder) who has filed for a green card for
   his/her unmarried child who is under 21 years of age, have to file
   another petition if the child turns 21 while waiting for the green
   card ?
Q: Can GC holders sponsor for their parents GC?
Q: If I gained lawful permanent resident status (LPR) through a
    previous marriage, can I petition for my current spouse to immigrate
    to the US based on my LPR?"
Q: What does "current" mean?
+Q: What are the benefits/restrictions of a U.S. Permanent Resident?


                       GC Lottery
         -----------

Q: What is DV1 [Green Card] Lottery Program?
Q: How does it work and who are not eligible from participating in
   this program?
Q: Who would be eligible under the proposed regulations ?
Q: What are the proposed procedures?

                      US Citizenship
                      --------------

Q: What is the time-frame to get U.S. citizenship if the spouse is
   an U.S. citizen?
Q: Who can apply for U.S. citizenship?
Q: When can I apply for U.S. citizenship?
Q: What are the requirements for U.S. Citizenship?
Q: Under what conditions can I be denied U.S. citizenship?
Q: Can citizenship once granted be revoked?
Q: Under what conditions can my citizenship be revoked?
+Q. Where can I get some information on dual citizenship?

-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us


-------------------------------------------------------------------------------
Area # 2120  news.answers           05-30-94 10:12      Message # 13264
From    : mahesh@evb.com
To      : ALL                                           
Subj    : FAQ : alt.visa.us Genera

@SUBJECT:FAQ : alt.visa.us General questions and answers (part 2 of 6 
Message-ID: <CqMCsK.3HD@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.

Archive-name: us-visa-faq/part2
Last-Modified: April 11, 1994

Currently, the alt.visa.us FAQ is maintained by 
B.G. Mahesh [mahesh@evb.com]

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part2. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part2
in the body of the message.

Please see part1 of this faq for standard disclaimers.

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      General
                      -------

Q. What is this FAQ about?
A: [from B.G. Mahesh, mahesh@evb.com]
   This FAQ has some information about J1, H-1B, Green card and other visas.  
   
Q: Is their a internet site from which I can download any info 
    regarding immigration?

A:  PS: If you have any questions about gopher and anonymous ftp
        PLEASE don't ask me.  Ask on news.newusers.questions 
        and/or alt.gopher
    
    [ from Ravinder Bhumbla, rbhumbla@UCSD.EDU] 
    NAFSA (the association of international educators) regularly 
    sends out updates about changes in immigration laws to its 
    mailing list, inter-l@vtvm1.cc.vt.edu (you can subscribe by sending 
    mail to listserv@vtvm1.cc.vt.edu).  An archive of these updates 
    (which may be useful to you) is accessible by gopher at the 
    following place:

    Name=NAFSA Updates (Federal Regulations)
    Type=1
    Port=70
    Path=1/ON/INTERNATIONAL/ln38nafsa/REGS/UPDATES
    Host=yuma.ACNS.ColoState.EDU

    [from B.G. Mahesh, mahesh@evb.com]
    Look into ftp.cs.umd.edu:/pub/cyrillic/us_visas/*
    Login as anonymous. If you don't know how to ftp please get some local
    help.

    [from Rajiv S. Khanna, rskhanna@access.digex.net]
    The following documents are available by anonymous ftp on 
    netcom1.netcom.com, netcom2.netcom.com, etc. through 
    netcom9.netcom.com.  The documents are found in directory 
    "/pub/rskhanna" and indexed as follows:
 
          DV1Proposed    F-1M-1Visas     K-VisasforFiance
          E-1E-2Visas    H-UsageFor1994  VisaBulletinMarch1994
  
    Files are updated new info on almost daily basis (if there is any 
    new info that needs posting).  Please let me have your 
    comments/suggestions on how to improve the information.                   

Q. Are there any books regarding Immigration?
A: 
   1. [from newswatcher, juro@umich.edu and 
         Venerando, rosario@pn83.petnet.med.umich.edu]
   Immigration Made Easy:  The Insider's Guide".
   Authors:   Martha S. Siegel, Laurence A. Canter
   Publisher: Sheridan Chandler Company, c1991
              Tuczon Arizona, USA, 1991-1992 edition.
   Cost : approx. $90

   As far as I know, the book also contains a vast number of 
   forms such as I-129B, IAP-66, I-485, etc., etc. used by INS and 
   consular processing centers. The Sheridan Chandler Company also 
   publishes separate bulletins and info. relating to immigration.  
   Information on how to subscribe to these bulletins is provided on 
   the book itself.  

   NAFSA also has a publication entitled "Adviser's Manual of 
   Federal Regulations Affecting Foreign Students and Scholars".    
   Inforamtion about the book is available via gopher.

   2. [from Alberto Molina, alberto@cybernet.cse.fau.edu]
   Name: Immigration Procedures Handbook
   Publisher: Clark, Boardman & Callaghan
   Address: 155 Pfingsten Road
            Deerfield, IL 60015-4998
   Phone: 1-800-323-1336
   Cost: $145 + 6.5 percent S&H + state tax

   3. [from Eiji Hirai, hirai@cc.swarthmore.edu ]
   The Rights of Aliens and Refugees: 
      The Basic ACLU Guide to Alien and
      Refugee Rights_, 2nd edition, 
   by David Carliner, et al.   Price : $7.95 + S&H

   You can  ordered it from
 ACLU Dept L.
 P.O. Box 794
 Medford, NY 11763

   4. "Labor Certification Handbook -
       Companion Volume To:  Immigration Procedures Handbook"
       by  Austin T. Fragomen,  Steven C, Bell
       Clark Boardman Callghan,  NY 1992


Q: What does XX non-immigrant visa mean?
A: [from many-many on the net!]
 
    -----------------------------------------------------------------------
    |  Visa Type  | Dependant Visa |          Description                 |
    -----------------------------------------------------------------------
    |   A         |                |  Diplomat      |
    |             |                |  Foreign Government Officials        |
    ----------------------------------------------------------------------|
    |   B-1       |                | Visitor's visa [Business]            |
    ----------------------------------------------------------------------|
    |   B-2       |                | Visitor's visa [pleasure/tourist]    |
    ----------------------------------------------------------------------|
    |   C         |                | Aliens in Transit Visa               |
    ----------------------------------------------------------------------|
    |   D         |                | Crewman                              |
    ----------------------------------------------------------------------|
    |   E         |                | Treaty Trader or Treaty Investor     |
    ----------------------------------------------------------------------|
    |   F1        |  F2            |  Foreign Student Visa,               |
    |             |                |  Dependant cannot work               |
    ----------------------------------------------------------------------|
    |   G         |                | International Organization Employee  |
    ----------------------------------------------------------------------|
    |   H-1B      |  H4            | Work Permit [Temporary Worker]       |
    |             |                | Dependant cannot work                |
    ----------------------------------------------------------------------|
    |   I         |                | Foreign Information Media[Journalist]| 
    ----------------------------------------------------------------------|
    |   J1        |  J2            | Exchange visitor/scholar/post-doc.   |
    |             |                | Student can work off-campus if       | 
    |             |                | International Student Office gives a |
    |             |                | letter of authorization. May be      |
    |             |                | subjected to 2 year presence in the  |
    |             |                | home country requirement.            |
    |             |                | Dependant can work but needs to get  |
    |             |                | needs to get the permission from INS |
    -----------------------------------------------------------------------
    |   K1        |  K2            | K1 - for direct fiancee of US citizen|
    |             |                | K2 - for children of fiancee         |
    -----------------------------------------------------------------------
    |   L-1       |  L-2           | Intra-Company Transferee             |
    |             |                | See L1 Visa section of this FAQ for  |
    |             |                | more details                         |
    -----------------------------------------------------------------------
    |   M         |                | Vocational Student                   |
    ----------------------------------------------------------------------|
    |   N         |                | Parents of certain Special Immigrants|
    |             |                | special immigrant status             |
    |             |                | (retired officers/employees          |
    |             |                | previously accorded G-4 visa status) |
    ----------------------------------------------------------------------|
    |   O         |                | aliens of extraordinary ability in   |
    |             |                | the sciences, arts, education,       |
    |             |                | business, or athletics               |
    ----------------------------------------------------------------------|
    |   P1   |  P2     | Renowned artists, entertainers and   |
    |    |     | athletes coming for internationally  |
    |    |     | recognized or culturally unique      |
    |    |     | performances     |
    -----------------------------------------------------------------------
    |   Q         |                | Participants in international        |
    |             |                | cultural exchange programs which     |
    |    |     | provide practical training,    |
    |    |     | employment and which involve the     |
    |    |     | sharing of history, culture          |
    |    |     | traditions of the applicant's country|
    -----------------------------------------------------------------------
    |   R         |                | Certain religious workers    |
    -----------------------------------------------------------------------
    |   NATO      |                | Representatives and staff of member  |
    |    |     | states to NATO                 |
    -----------------------------------------------------------------------

Q. Are there any lawyers who can be reached by email?
    [from B.G. Mahesh, mahesh@evb.com]
A:  This is an easy one :-)

    LAW OFFICES OF RAJIV S. KHANNA   Voice: (202) 466-2113
    1129 20th Street, NW, Suite 400  Email: rskhanna@access.digex.net
    Washington, DC 20036-3403

Q: Are there any mailing lists?
A:  [from B.G. Mahesh, mahesh@evb.com]
    Yes! send mail to rskhanna@access.digex.net asking him to
    add you to his visa bulletin mailing list. 


Q: How to select an immigration lawyer?
A: [Muralidhar Rangaswamy, mrangasw@cat.syr.edu]
   Please treat this as my $0.02 worth on the subject of picking 
   an immigration lawyer. While there is no hard and fast rule on 
   determining whether an immigration lawyer is good or not, the 
   following points would be worthwhile considering in the selection process.

   (1) Check to see if the lawyer is a member of the American 
       Immigration Lawyers Association (AILA).

   (2) Also check if the lawyer holds an important position in the 
       local or state bar association's immigration committee.

   (3) Look up the yellow pages of your phone book to obtain the tel# 
       of free attorney referral services. Call them and ask for an 
       opinion about the attorney you are considering.

   (4) Make sure that there are no restraining orders from the supreme 
       judicial court that prohibits the attorney from practising.

   (5) Check prior experiences of the attorney with cases similar to that of 
       yours. In particular, find out if the attorney has been successful 
       in the past.

   (6) Finally, in your first consultation with the lawyer, feel free to 
       bring up all questions and details pertaining to your case (this 
       includes legal fees, processing time etc).

   (1)-(6) are issues that must necessarily be considered but are 
   not sufficient. 

   These are merely guidelines for choosing an immigration attorney. 
   These are by no means comprehensive. Please feel free to add your 
   suggestions or comments to the above list.

Q. Is there a list of "recommended lawyers" ?
A:  [from B.G. Mahesh, mahesh@evb.com]
    Rajiv S. Khanna
    LAW OFFICES OF RAJIV S. KHANNA   
    1129 20th Street, NW, Suite 400  
    Washington, DC 20036-3403
    Phone : 202-466-2113
    Fax   : 202-785-1741
    Email : rskhanna@access.digex.net

    [from Th. Bullinger, thomas@idx.kodak.com]
    Santosh Pawar
    1000 East Ave.
    Rochester, NY 14607
    Phone : 716-461-4074

    [from Alberto, alberto@cybernet.cse.fau.edu]
    The Law Offices of Ronald Freeman in NYC, 
    specifically Jenny Nieves at that office.  
    Their phone number is 800-522-5275.

    [from hirai@cc.swarthmore.edu]
    Peter T. Baumann, Karren A. DeSeve, Jon Landau
    437 Chestnut St.
    Suite 905
    Philadelphia, PA 19106
    Phone : 215-925-0705

    [from Kannan Varadhan, kannan@catarina.usc.edu]
    Ms. Deborah Youtsey
    Bartlett and Weigle Co. LPA
    432, Walnut Street, Cuite 1100,
    Cincinnati, OH 45202.
    Phone : 513 241 3992
    Fax   : 513 241 1816 

    [From Rob Lingelbach, rob@xyzoom.info.com]
    Steven W. Blalock  (Blalock and Gray)
    11726 San Vicente Blvd  #650
    Los Angeles, CA  90049
    Phone : 310 447 5665

    [from Muralidhar Rangaswamy, mrangasw@cat.syr.edu]
    Steven A. Clark
    Flynn & Clark P.C.,
    One Main Street, P.O. Box 25, Cambridge, MA 02142.
    Phone : (617)-354-1550 
    Fax   : (617)-661-2576 

    [From Ranganath Dandi, dandi@killians.gsfc.nasa.gov]
    Thomas Williams
    Ste. 1501
    5205, Leesburgh Pike
    Falls Church, VA 22041
    Ph: (703)-845-8800
    Fax:(703)-998-0328.

    [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    Steven A. Clark
    Flynn & Clark P.C., 
    One Main Street, 
    P.O. Box 25, 
    Kendall Square, 
    Cambridge MA 02142-0001
    Phone : (617)-354-1550
    Fax   : (617)-661-2576 

    [From Dr. M. V. Ramakrishna, krishna@ramanujan.chem.nyu.edu]
    Mr. S. Gayathrinath
    299 Broadway, Suite 603
    New York, NY 10007-1901
    Phone : 212-791-4210
    Fax   : 212-571-7405


Q. Are there any lawyers you don't recommend ?
A: Please see disclaimer section before you read any further ;-)
  
   [From Rob Lingelbach, rob@xyzoom.info.com]
   Neville Asherson  (Asherson & Klein)
   9150 Wilshire Blvd.  
   Beverly Hills, CA 90212  

Q: What are the numbers for "Ask Immigration" Telephone Information 
   Systems operated by INS.
A: [from C. Huda Dodge, dodgec@ucs.orst.edu] 

   INS operates "Ask Immigration" Telephone Information Systems, 
   through which you can access recorded messages about various 
   immigration topics.  The information below is taken from the INS 
   brochure on this system (Form M-243).

One can access the recorded messages from the following telephone numbers:

Albany, NY (518) 472-4621  Newark, NJ (201) 645-4400
Albuquerque, NM (505) 766-2378  New Orleans, LA (504) 589-6533
Anchorage, AK (907) 271-4953  NYC, NY  (212) 206-6500
Arlington, VA (202) 307-1501  Norfolk, VA (804) 441-3081
Atlanta, GA (404) 331-5158  Oklahoma City, OK (405) 942-8670
Baltimore, MD (301) 962-2065  Omaha, NE (402) 697-9155
Boise, ID (208) 334-1821  Orlando, FL (407) 826-5870
Boston, MA (617) 565-3879  Philadelphia, PA(215) 597-3961 
Buffalo, NY (716) 849-6760  Phoenix, AZ (602) 379-3122
Charleston, SC (803) 724-4350  Pittsburgh, PA (412) 644-3356
Charlotte, NC (704) 523-1704  Portland, ME (207) 780-3352
Chicago, IL (312) 353-7334  Portland, OR (503) 326-3006
Cincinnati, OH (513) 287-6080  Providence, RI (401) 545-7440
Cleveland, OH (216) 522-4770  Reno, NV (702) 784-5427
Dallas, TX (214) 655-5384  Sacramento, CA (916) 551-2785
Denver, CO (303) 371-3041  Salt Lake City, UT(801) 524-5771
Detroit, MI (313) 226-3240  St. Albans, VT (802) 951-6658
El Paso, TX (915) 532-0273  St. Louis, MO (314) 539-2532
Fresno, CA (209) 487-5091  St. Paul, MN (612) 854-7754
Harlingen, TX (512) 425-7333  San Antonio, TX (512) 229-6350
Hartford, CT (203) 240-3171  San Diego, CA (619) 557-5570
Helena, MT (406) 499-5288  San Francisco, CA (415) 705-4411
Honolulu, HI (808) 541-1379  San Jose, CA (408) 291-7876
Houston, TX (713) 847-7900  San Juan, PR (809) 766-5280
Indianapolis, IN(317) 226-6009  Seattle, WA (206) 553-5956
Jacksonville, FL(904) 791-2624  Spokane, WA (509) 353-2129
Kansas City, MO (816) 891-0603  Tampa, FL (813) 228-2131
Las Vegas, NV (702) 384-3696  Tucson, AZ (602) 670-6229
Los Angeles, CA (213) 894-2119  West Palm Beach, FL(407) 844-4341
Louisville, KY (502) 582-6375
Memphis, TN (901) 544-3301  TDD Users: (202) 307-1512
Miami, FL (305) 536-5741
Milwaukie, WI (414) 297-3565

  People who don't like electronic answering services should stay away from
  this system.  For quick reference, especially if you live in one of the 
  cities listed, it is really quite convenient.  One must push the # of the 
  recording you wish to hear (and in Portland, OR at least, one *must* listen 
  to a message before you can talk to a real person).  If you don't know the 
  #, you have  to listen to a menu list of options.  To make things easier, 
  this "Message Guide" was printed in the brochure: 

101 The INS    
102 How to report aliens illegally in the US...
103 PRC nationals
104 The INS Outreach program
105 Where to mail applications
106 Reporting your change of address to INS
107 How to obtain copies of documents
108 Immigrant visa availability list
109 Filing appeals and motions

201 Who is eligible for legalization
202 Employer sanctions
203 Family fairness program for legalized aliens
204 Anti-discrimination protection under immigration law
205 How to apply for PR status if resided continuously since 1972
206 Special agricultural worker program
207 Systematic alien verification for entitlements program

301 Filing petitions to sponsor an immediate relative
302 "      " to sponsor prospective immigrant employees
303 How and alien in the US can request to change status to PR
304 When a US citizen marries a foreign national outside the US
305 How to file a joint petition...to remove conditional status of PR
306 Immigration benefits for adoption before 16th b-day
307 Orphan petitions
308 Application for asylum in the US
309 PR for recipients of approved asylum applications

401 How to obtain an alien residency card
402 Applying for a replacement " " "
403 If you never received you  " " "

501 Nonimmigrant or temporary visas
502 How to request an extension of temporary stay
503 Change of status from one nonimmgrant class to another...for work
504 Applying for a replacement I-94 arrival/departure document
505 Temporary visitor's visa
506 A fiance/fiancee visa
507 Requirements for class. as a nonimm. temp. worker (H1, H2 & H3)
508 Requirements for class. as a J1 or nonimm. exchange alien
509 L-1 visa status for intracompany transfers
510 Requirements for class. as an E1 or E2 ... treaty trader or investor

601 Permission to go to school
602 Student visa extension
603 Permission for foreign student to work
604 Visas for spouse & dependent children of foreign students
605 School transfers for F1 & M1 foreign students
606 How to maintain your student status

701 Departure from the US by permanent residents
702 Student travel outside the US
703 Travel authorization for refugees
704 How to request emergency travel
705 Travel by an alien whose PR application is still pending

801 Citizenship and naturalization requirements
802 " for children born outside the US
803 Naturalization based on military service
804 Derivative citizenship for children of US citizens
805 Residency requirements for naturalization
806 How to file for naturalization on behalf of a child
807 Replacement of certificate of citizenship or naturalization
808 How to renounce or forfeit US citizenship

Q: Which is the best time to change this maiden name to the
   married name and how to go about it?
A: [From Rajiv S. Khanna, rskhanna@access.digex.net]

   In terms of immigration documents, all papers that are
   filed should list spouse by her married name and  "also
   known as XYZ (Maiden name)."  Most INS forms provide a
   space for "Other Names USED."  Now if it is too late
   and a green card in her maiden name has already been issued,
   INS has a form for it.  I believe you have to apply for reissuance
   of GC, same form as if your GC had been stolen or destroyed.  If
   anyone knows any different, please correct.

Q: What is form XXX ?
A: [From B.G. Mahesh, mahesh@evb.com]

      N-400  : Application for Naturalization
      N-600  : Application for Certification of Citizenship
      I-90   : Application to Replace Alien Registration Card
      I-130  : Petition of Alien Relative 
      I-131  : Application for Travel Document
      I-485  : Application to Register Permanent Residence 
               or Adjustment of Status
      I-600  : Petition to Classify Orphan as an Immediate Relative
      I-765  : Application for Temporary Employment Authorization

Q. Wish List

   Need to add info regarding Citizenship, visitor visa..
   If you have any info regarding these please email your 
   questions/answers to me directly.


-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us 


-------------------------------------------------------------------------------
Area # 2120  news.answers           05-30-94 10:13      Message # 13266
From    : mahesh@evb.com
To      : ALL                                           
Subj    : FAQ : alt.visa.us J Visa

@SUBJECT:FAQ : alt.visa.us J Visa questions and answers (part 4 of 6) 
Message-ID: <CqMCuA.3Mz@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.

Archive-name: us-visa-faq/part4
Last-Modified: April 18, 1994

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part4. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part4
in the body of the message.

Please see part1 of this faq for standard disclaimers.

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      J Visa
                      ------

[from Henning Schulzrinne, hgs@research.att.com]
Note that not all J1 visa holders are subject to the two-year home
residency (HRR) requirement.  Examine your IAP-66 form (bottom left
corner) and the visa stamp in your passport.  You are generally
subject to the HRR if you at any time accepted money from either your
home government or (particularly) the US government or if you are on a
special skills list (medical doctors in particular).  The home
residency requirement aims to protect the home government and the
goals of the exchange agreement.

If you changed schools, funding agencies, etc., you may have a
checkmark that the requirement does not apply on your current visa
stamp or IAP-66.  However, "once subject to the HRR, always subject",
i.e., thus, this does not help.

Q: On what grounds can I get a waiver?
A: 1) national interest: a government agency (NASA, NSA, CIA, ...)
   declares an interest in you and petitions the USIA to waive
   the HRR. Does not appear a good avenue unless you work for that
   agency or do security-related work.

   2) extreme hardship to self or citizen spouse: Seems to imply that
   you or your spouse are on their deathbeds, with treatment only
   available in the United States. Mere career inconvenience to
   spouse, even if U.S. citizen, does not seem to matter. (After all,
   the spouse should have known about this before getting married...)

   3) political persecution; residents of European countries might
   not want to pursue this. Residents of the PRC have a blanket
   waiver (Pelosi bill?).

   4) NORI/no-objection: the home government issues a statement
   of no-objection; seems to be the common and successful approach
   for Indian citizens.

Q: Does marriage to a US citizen help?
A: No. If the US citizen was dumb enough to marry a J1 visa holder,
   her/his problem. (see 'extreme hardship' for unlikely exception).
   Next, please.

Q: Who makes the waiver decision?
A: USIA recommends to INS, which generally accepts recommendation,
   particularly negative ones.

Q: What is USIA's address?
   [from Michael Galperin, MYGALP01@ulkyvm.louisville.edu]
A: YOU DON'T WRITE TO USIA. It is done either by your embassy or by 
   interested US agency (NIH, DHHS, DOE etc). Anyway, the address is 
   (courtesy of our International Center):
 
        US Information Agency
        Office of the General Counsel
        Waiver Review Office
        Washington DC 20547
        Phone (202)-475-2385 

Q: What's a NORI?
A: "No obligation to return"; also known as a "no-objection"
   statement. Issued by the home government, usually through their
   consulate. Issued routinely by most European countries, but
   may not help a lot (see next question).

Q: If I get a NORI, will I get a waiver?
A: No. The NORI is a necessary condition (for this particular form
   of waiver), but not sufficient. Generally, the determination is
   up to the USIA. Fulbright students can generally forget a waiver
   unless they fall below the threshold (see next question).

Q: Is there a threshold of money received below which a waiver is
   automatically granted?
A: No, but if you received less than $2000, you at least have a
   chance.  Fulbright grantees' applications have been known to be
   rejected even with grants below that, on the argument that the
   program itself, beyond monies expended on behalf of an individual,
   push each individual above that limit.  Above that limit, you can
   only hope to be from the PRC, or use the other avenues described
   above.

Q: Can I pay back the money I got and get out of the HRR?
A: No. In this respect, Fulbright grants differ from all other
   college grants, which, if you don't live up to your end of the
   bargain, at worst forfeit the loan waiver.

Q: Can I visit the United States while serving my two-year sentence?
A: Yes, but the time is (supposedly) subtracted from your residence time.
   Vacation in a third country is o.k.

Q: Do I have to return to my home country?
A: Yes. More precisely: country of citizenship or last residence
   prior to entering the United States.

Q: Can I reside in my home country and work in another country?
A: Currently not. Apparently, there are rumblings about making
   residency and work in any of the European Community countries
   equivalent, but that has not happened. 

Q: Can I work for a company of my home country in another country?
A: Good question. Don't know.

Q: Does writing to your congress person help?
A: No, you just get a longer letter of denial.

Q: What do I need to show after the two years to prove that I 
   resided and worked in my home country?
A: Good question. Anybody know?

Q: Can I apply for H-1B, permanent residency, etc. while serving the
   HRR?
A: Yes. The visum will be issued the day your two years are up. This
   is particularly advisable for those who can get visas without
   labor certification (family preference). You can apply at the
   US consulate in your home country.

Q: How do I go about applying for a waiver?  Do I have to work for 
    the sponsoring agency?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
   It is *not* true that you have to work for the sponsoring agency.  Of 
   course, if you do work for them it helps.  More specifically, the 
   following can happen: one works for a certain company doing research or 
   other work that will lead into the development of a product or of a 
   technology that will give the US a market edge  or a technological edge.  
   Clearly, any such claim will have to be backed up by company statements, 
   descriptions, recommendation letters etc. Then, an alternative route is 
   through the Department of Commerce.  The latter will examine the case and 
   decide whether they want to apply for a waiver on your behalf with USIA. 
   Actually, that was my case; I am currently in the period where USIA has 
   recommended the waiver to INS but the latter have not yet decided. In case 
   you are wondering about the type of my research, I do work on 
   computational/molecular biology and pattern matching.  Two more
alternatives
   that I know of are waiver applications sponsored by the Department of
Health
   (for those that are in health science fields), and by the Department of
    Defense.
   

Q:  How long does the whole process take?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
     The period between the day you file with the Department of Commerce and 
     the day USIA makes a decision is in the order of 4 months.  To this one 
     should add an overhead of 3 months or so during which period one is 
     preparing the application package: supporting documents, recommendation 
     letters, etc.

Q: Do I need to hire a lawyer to apply for a waiver?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
   Probably not a good idea given that the necessary overhead (paperwork) is
   probably more than one can handle.

Q: How often can I apply for a waiver?
A: Every six months.

Q: Does a J1 have any advantages?
A: Yes. You get 36 months of practical training (instead of 12 months
   for an F1). Also, your spouse may work on a J2 visa during your
   stay after getting permission from INS.


Q: When can an interested U.S. Govt. agency sponsor me for 
   a waiver of the HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You need to work directly for the interested Government agency 
   or work for them through a contractor. 

Q: Can an interested U.S. Government agency sponsor me for 
   a waiver if I work for a private company?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Certainly. Your company needs to demonstrate that by hiring you, 
   the USA gets a technological or market edge. Relevant documents 
   should be submitted to the Dept. of Commerce which will then make 
   a decision to sponsor you or not.

Q: If an interested U.S. Govt. agency sponsors me, will I get a waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I am not aware of anyone who has been refused an IGA 
   (Interested Govt. Agency) waiver.

Q: How long does it take for me to obtain the waiver once I submit 
    my papers to the interested Govt. agency?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Approximately 4-6 months (There is no standard time frame though).

Q: What is the procedure followed in an IGA waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You first submit the necessary forms and supporting documents to the 
   interested U.S. Government agency. If they decide to sponsor you for 
   a waiver, they send their recommendation to the USIA directly and 
   advise you of their action. The USIA sends you a `Data Sheet' which you 
   need to complete for their review. The USIA then makes a recommendation 
   to the INS to grant the waiver or otherwise.


-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us


-------------------------------------------------------------------------------
Area # 2120  news.answers           05-30-94 10:13      Message # 13267
From    : mahesh@evb.com
To      : ALL                                           
Subj    : FAQ : alt.visa.us K, L &

@SUBJECT:FAQ : alt.visa.us K, L & Visitors Visa questions and answers 
Message-ID: <CqMCuz.3ps@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.

Archive-name: us-visa-faq/part5
Last-Modified: May 20, 1994

Currently, the alt.visa.us FAQ is maintained by 
B.G. Mahesh [mahesh@evb.com]

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part5. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part5
in the body of the message.

Please see part1 of this faq for standard disclaimers.

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                       K Visa
                       ------

Q: Who can apply for K visa?
A: [from Neil Kolban, kolban@vnet.IBM.COM]
   The K class visa is the "alien fiance(e)" visa, which an nonimmigrant
   visa.  A US citizen who whishes to marry a foreigner may file a K 
   class petition (I129F) which, when granted, allows the foreigner to 
   enter the US and marry within 90 days of arrival.  Once married, the 
   foreigner should file for conditional permanent residence.  There are 
   two K class visas:
                  K1 - for direct fiance(e)
                  K2 - for children of fiance(e)

Q: How do I obtain a K visa for my fiance(e) (who is not currently in
   the US)?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   You must petition the INS, obtain their approval, and then the
   fiance(e) must submit to an interview at the US consulate in the
   foreign country.

Q: How long does it take to get a K visa?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Generally, once the petition is filed, it takes about 30 days to
   hear from the INS their approval or denial, then at least another 
   30 days for the paperwork to be transmitted to the foreign embassy
   and for the interview appointment to be arranged.  It can take up
   to 5 or 6 months total, though usually it is 90 days or so.

Q: How long is it good for?  What are the conditions?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   It is valid for 90 days, within which time you must get married and
   then apply for the change of status to permanent residence. 

Q: What is needed for the petition?  
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Forms needed: the G-325A, Biographic Information, must be filled 
   out for the petitioner and the fiance(e), and the I-129F Petition 
   for Alien Fiance(e).

Q: Can I do this myself, or do I need a lawyer?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Either.  An attorney can help expedite and answer questions, but
   there is no reason it can't be done without one.  

Q: How much will a lawyer charge?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Varies widely, but quotes here in Los Angeles were:
   $1500 due upon approval of petition
   $1200 covering both fiance(e) visa *and* eventual green card

**note**:  approval of the petition does not complete the process of
obtaining a fiance(e) visa!!  The fiance(e) must still be interviewed
and approved by the consulate. 

Q: How will I know the petition is approved?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   You will be sent a Notice of Action, Form I-797, stating approval
   or disapproval.  

Q: What is needed after petition approval?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   The fiance(e) should call the US consulate, and an
   interview will be scheduled after the fiance(e) has gathered the
   following items:  [from jrallen@devildog.attmail.com]

   --Two certified copies of the birth certificate.  
   --A passport valid for at least 6 months.  
   --A police certificate in duplicate, certifying no criminal record.   
   --A medical examination by a doctor approved by the 
     consulate will take place before the interview.
   --Four color photographs.
   --Evidence of support in the US --proof that the fiance(e) will not
     become a charge of the USA.  Form 167 details what is needed; 
     the Affidavit of Support (I-134) is the usual method.  This form 
     requires:
 
 1) Income, property, and investment information.
 2) Loans and expenses.  
 3) Willingness  to deposit a bond with immigration.
 4) Acknowledgement of the Social Security Act....
 5) Notarized copies of latest tax return.
 6) Statement from employer about salary.
 7) Statement from bank officer about accounts...
 8) If well established as a business owner, a rating from
    a rating agency.
    
    - For previously married persons, two copies of their marriage
      certificate and proof of termination.

Q: What is needed at the interview?
A: [From jrallen@devildog.attmail.com] 
   o Proof of the relationship.
   o Photos showing the two of you together, letters and correspondence,
     telephone bills, airline tickets, etc.
   The INS is very interested in being certain that it is not a "sham"
   marriage for the purpose of immigration.  Typical questions asked:
   where you met, where the US citizen works.
 
                      L Visa
                      ------

   This entire section was published on page 36 of "India Abroad",
   Dec 31, 1993. I have included just a part of it. "India Abroad"
   or the author of this article is in NO WAY responsible for the
   information provided here.

Q. What is L-1 visa?
A. The L-1 visa category was established to facilitate the transfer
   or rotation of foreign personnel of an international company into
   the United States. Although originally targeted toward large U.S. 
   multi-national corporations, this is an appropriate method for companies 
   of all sizes to seek immediate immigration benefits for their 
   qualifying employees. Further, the L-1 visa may provide quick access
   to lawful permanent resident (immigrant) status in the United States.

Q. Who qualifies for a L-1 visa?
A. The L-1 is available to a foreign national who, within the three
   years immediately prior to entering the U.S., has been employed
   abroad for at least one continuous year and is now seeking temporary
   admission to the U.S. to be emplyed by a parent/branch/affiliate/subsidiary
   of that foreign employer in a managerial or executive capacity, or in a 
   position requiring specialized knowledge.

Q. For how may years is L-1 visa issued for?
A. An L-1 petition may be approved initially for up to three years, 
   with the possibility of extension for up to four more years. In
   the case of a "new office" in the U.S., the L-1 will be limited to 
   one year initially with extensions provided thereafter if the new
   office flourishes.

Q. Can dependants of L-1 come to USA?
A. The spouse and children (under 21 years and unmarried) may obtain
   L-2 visas allowing them to enter the U.S with the principal alien,
   however, they are not allowed to work unless they can qualify on
   their own for a work visa. They are allowed to attend school and/or
   participate in volunatary organizations.  


                      Visitors Visa
                      -------------

Q: What documents should I send to sponsor for a visitors visa?
A: [From B.G. Mahesh, mahesh@evb.com]

   My in-laws got 5 year multiple entry visa from Madras, India.
   I sent the following to them,

 1. Letter of employment from my employer stating
        how much I make and from when I am working for
    this company.
 2. Letter from my Bank.
 3. I-134 and got it notarized in my bank [$1 fee for
    notarization]. You can get I-134 from INS or your
    internationl student office. I heard you can use
    xerox copies of this form. If you send me an 
    self-addressed stamped envelope marked "Send I-134"
    I can send you a copy of this form [I-134]. My address is,
   BG Mahesh
   1467 West Key Parkway #B4
   Frederick MD 21702

 4. Letter from me stating that I will take care of their
    expenses in USA.
 5. Visitor fee $100 each [Indian Rs. 3200/-]. BTW, I did
           not send the money, they paid in Rs. in India.



+Q: Can the immigration officer at the port of entry (or any other
   INS officer) cancel the B1/B2 visa?  If so, on what grounds?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   The INS can refuse entry (which functionally amounts to the 
   same thing as cancelling a visa).  That happens mostly when 
   the INS discovers something that is contrary to your declared 
   intention in getting the B-1/B-2.  
   Typical example: you have a fiance(e) in the U.S.  INS discovers 
   love letters (long, mushy ones) in your documents.  Or during 
   conversation with an INS officer you let slip that you are panning 
   to get married in the U.S.  These are some of the examples I have 
   seen personally.  Legally, there is a bunch of grounds such as past 
   criminal convictions, past immigration violations, certain diseases etc. 
   (technically called "grounds of exclusion") that can bar ones entry 
   despite possession of a valid visa.

-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us


-------------------------------------------------------------------------------
Area # 2120  news.answers           05-30-94 10:14      Message # 13268
From    : mahesh@evb.com
To      : ALL                                           
Subj    : FAQ : alt.visa.us GC and

@SUBJECT:FAQ : alt.visa.us GC and Citzenship questions and answers (p 
Message-ID: <CqMCvv.3sL@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.

Archive-name: us-visa-faq/part6
Last-Modified: May 30, 1994

Currently, the alt.visa.us FAQ is maintained by 
B.G. Mahesh [mahesh@evb.com]

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part6. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part6
in the body of the message.

Please see part1 of this faq for standard disclaimers.

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:


                    Labor/GC
                    --------

Q. How many days/weeks/months does it take to get a Labor Clearance 
   for GC?
A: [from B.G. Mahesh, mahesh@evb.com]
   This depends on the state you reside. After you send in the responses
   for your advertisement it can take anywhere from 4 weeks to 6 months
   [assuming the labor department did not find any problem with your case]

Q. What is involved in the labor certification? 
A:  [from B.G. Mahesh, mahesh@evb.com]
    o Prepare a job description for the job being offered.
    o Job must be "permanent".
    o Alien must be paid at least the minimum wages prevalent 
      for the job in the geographical area of employment.
    o You need to advertise the job for 10 business days in your office
    o Advertise for 3 consecutive days in a newspaper.
   
    DOL [dept of labor] will send in all the responses they get 
    for your advertisement and your employer needs to justify why 
    you are better than other applicants. If the DOL doesn't approve 
    your labor then you can't apply for labor clearance for the next 
    6 months.

Q. Does the employer need to show the company's finances?
A:  [from B.G. Mahesh, mahesh@evb.com]
    Basically the employer needs to demonstrate that the company is
    financially sound and it can afford to employ you. So your
    employer may have to show the company's finances.

Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
A: [from B.G. Mahesh, mahesh@evb.com]
   You can apply for GC with H-1B but it is advisable to wait for about 
   3-6 months after you get H-1B to apply for GC.

Q: If one were waiting for a GC date to become current,  
   after one got one's labor certification AND the 6 year 
   limit on H-1B expires while waiting, will one have to 
   leave the country ?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
   Yes, unless you are close enough to getting a green card so
   that your adjustment of status application can be filed, so
   that you may get a work permit through pendency of adjustment
   status.

Q: Will all the GC wait come to a naught in this case , or can 
   one wait for it outside the country ?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
   You can MOST certainly wait outside the country.
 
Q: When Labor Certification has been recieved, is H-1B still the
   operating visa, or do you fall under some new status ? 
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
   Mere receipt of labor certification does not change your status.
   You have to apply to the INS for change of status.
    
Q: Can one apply for GC through an employer while on H-1 for 
   another employer?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net] 
   Yes.  The labor cert is for a job in future, which is 
   currently available to test the labor market.  It is open 
   for US workers.  The "alien" may only accept it upon receiving 
   his/her permanent residence.  The H-1, however, is for an entirely 
   different job.

Q: Can an applicant qualify for a GC without going through 
   Labor Certification?
A: [from Jaap Akkerhuis, jaap@tempel.research.att.com ]

  To qualify as an outstanding professor or researcher, INS requires
  meeting at least two of six criteria as follows:
 
    (1) Receipt of major prizes or awards for outstanding
        achievement in the academic field.
    (2) Membership in associations requiring outstanding achievements
        for their members.
    (3) Published material in professional publications written by
        others on behalf of the person's work in the academic field.
    (4) Evidence of the person's participation either individually or
        a panel as the judge of work of others in the same or allied
        academic field.
    (5) Evidence of the person's original scientific or scholarly
        research contributions in the academic field.
    (6) Evidence of authorship of scholarly books or articles in
        scholarly journals with international circulation in the
        academic field
 
    In addition, the person must have at least three years of experience 
    in the academic field. Such work while working on an advanced degree 
    is not acceptable unless the person obtained the degree and the person 
    had full responsibility for classes taught or, for research conducted 
    toward the degree, it has been recognized within the academic field as 
    outstanding. Such evidence can be in the form of letter or letters from 
    current or former employers.

    So note that a PhD is not required (I don't have one).

Q: What category spouses of GC holders fall under?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
   Family preference 2A.
 
Q: What is the waiting period for such cases?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
   As of December 1993:
   Appx. 2.5 to 3 years for India.
 
Q: And, I had heard that there was a bill up for vote.  Do you have 
   any information on this?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
    The proposed special noimmigrant "S" visas were never voted 
    on in Congress.  The bill is on the back burner.  

Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
A: [from B.G. Mahesh, mahesh@evb.com]
   You will get a temporary green card as soon as you marry
   a US citizen. After 2 years that card will get a permanent
   GC [You have to prove/show to INS that the marriage is genuine].

Q. Does a parent (green card holder) who has filed for a green card for
   his/her unmarried child who is under 21 years of age, have to file
   another petition if the child turns 21 while waiting for the green card?
A: [from Suresh, sur@hrojr.hr.att.com]
   NO, the petition is automatically moved from category 2A (unmarried
   children under the age of 21) to category 2B (unmarried children over
   the age of 21--I'm not sure if this category includes married children
   also). The 2B category moves much slower than 2A.

Q: Can GC holders sponsor for their parents GC?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
   US GC holder can *only* sponsor his/her spouse and unmarried children.

Q: If I gained lawful permanent resident status (LPR) through a 
    previous marriage, can I petition for my current spouse to immigrate 
    to the US based on my LPR?"
A: [From Brandon Nutter, bnutter@silver.ucs.indiana.edu]
   You may NOT file an I-130 (Petition for Alien Relative) for
 
   E. A husband or wife if you gained lawful permanent resident status
      by virtue of a prior marriage to a United States citizen or lawful
      permanent resident unless:
 
     1) a period of five years has elapsed since you became a lawful
        permanent resident; OR
     2) you can establish by clear and convincing evidence that the
        prior marriage (through which you gained your immigrant status) 
        was not entered into for the purpose of evading any provision of 
        the immigration laws; OR
     3) your prior marriage (through which you gained your immigrant
        status) was terminated by the death of your former spouse.
 

Q: What does "current" mean?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
   "Current" means there is no waiting involved.  All people 
    qualified for the category in question can immediately apply 
    for adjustment of status (if within U.S.) or an immigrant visa 
    (if outside the U.S.).

+Q: What are the benefits/restrictions of a U.S. Permanent Resident?
A: [from Alberto Molina, alberto@cybernet.cse.fau.edu]

- Ability to leave/enter the U.S. at will without the risk of being
  denied entry by an Immigration official at the port of entry.
- Right to apply for government-sponsored financial aid for education.
- Permission to work in any company located in U.S. territory
  regardless of job function, hours/week, etc. except for some
  companies that only hire U.S. citizens.
- Permission to start own business and create own corporation.
- To keep PR, the person must reside in the U.S. for a minimum number
  of days per year (does anybody know what's the limit?)
- Permanent residents get Social Security benefits when they retire.
- Permanent residents can get into welfare if unable to get a job.
- Permanent residents can sponsor spouse and unmarried children to
  obtain PR status.
-  Permanent Residents have to perform Jury duty.
- Permanent residency can be revoked if the permanent resident gets
  involved in illegal activities. An example is a case that was discussed 
  in this newsgroup where a permanent resident was deported for drug use.
- Permanent residents cannot vote.


   GC Lottery
   ----------

DEPARTMENT OF STATE
Bureau of Consular Affairs
[Public Notice 1974]
Registration for the Diversity Immigrant (DV-1) Visa Program
ACTION: Notice of registration for the first year of the Diversity
Immigrant Visa Program
     This public notice provides information on the application
procedures for the 55,000 immigrant visas to be made available in
the DV-1 category during Fiscal Year 1995.  This notice is issued
pursuant to 22 CFR 42.33 which implements Sections 201(a)(3),
201(e), 203(c) and 204(a)(1)(G) of the Immigration and Nationality
Act, as amended, (8 U.S.C. 1151, 1153, and 1154).  Final
regulations related to this Notice are being published
simultaneously with this Notice elsewhere in this issue of the
Federal Register. 
Information on the Application Procedures for the 55,000 Immigrant
Visas To Be Made Available in the DV-1 Category During Fiscal Year
1995
     Sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the
Immigration and Nationality Act, as amended, taken together
establish, effective for Fiscal Year 1995 and thereafter, an annual
numerical limitation of 55,000 for diversity immigrants.  Aliens
who are natives of countries determined by the Attorney General
according to a mathematical formula specified by the law will be
able to compete for immigration under this limitation.  This
program is identified by the visa symbol DV-1 and is informally
known as the "visa lottery."  The law specifies that there must be
a separate registration for each year's DV-1 visas.  This
information concerns the application period during 1994 for visas
to be issued during fiscal year 1995.
Qualifying Countries and Areas Under the DV-1 Program
     The law apportions immigrant visa issuance among six
geographic regions (Africa, Asia, Europe, North America - other
than Mexico, Oceania, and South America including Mexico, Central
America, and the Caribbean) according to a formula based on total
immigrant admissions over the most recent five-year period.  The
formula identifies both high and low admission regions and high
admission foreign states.  A greater share of the available visa
numbers go to low admission regions than to high admission regions. 
High admission states are excluded entirely from the program.  No
single country may receive more than 7 percent (3,850) of the
world-wide total of visa numbers.
     The U.S. Attorney General determines and publishes separately
the countries whose natives (as that term is explained in question
1) are entitled to apply for DV-1 visas during Fiscal Year 1995. 
According to the law, countries are grouped by region (see list at
the end of this notice).  The allotment of visa numbers for each
region is shown in parenthesis below:
     AFRICA:(20,200)          All countries.
     ASIA: (6,837)            All countries EXCEPT the following:
                              China - mainland born and Taiwan
                              born, India, Philippines, Vietnam,
                              and South Korea. (Hong Kong is
                              eligible).
     EUROPE: (24,549)         All countries EXCEPT the following:
                              United Kingdom and its dependent
                              territories. (Northern Ireland is
                              eligible).
     NORTH AMERICA: (8)       Canada is not eligible.  The Bahamas
                              is the ONLY eligible country
                              included in the North American
                              region.
     SOUTH AMERICA: (2,589)   All countries EXCEPT Mexico,
                              Jamaica, El Salvador and the
                              Dominican Republic.
     OCEANIA: (817)           All Countries.
How and When to Apply for DV-1 Status
     The application period for registration for the visas to be
issued during Fiscal Year 1995 (i.e. from October 1994 through
September 1995) will begin at 12:01 a.m. (Eastern Time) on
Wednesday, June 1, 1994, and will end at midnight on  Thursday,
June 30, 1994.  Applications must be typed or clearly printed and
mailed to one of the six following addresses, depending upon the
region of the applicant's native country:
     NOTE CAREFULLY THE IMPORTANCE OF USING THE CORRECT
     POSTAL ZIP CODE FOR EACH REGION.
     ASIA:                    DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00210, U.S.A.
     SOUTH AMERICA:           DV-1 Program
                              National Visa Center 
                              Portsmouth, NH 00211, U.S.A.  
     EUROPE:                  DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00212, U.S.A.
     AFRICA:                  DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00213, U.S.A.
     OCEANIA:                 DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00214, U.S.A.
     NORTH AMERICA:           DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00215, U.S.A.
     Typed or clearly printed in the Roman alphabet in the upper
left hand corner of the front of the envelope must be the country
or area of which the applicant is a native.  Typed or clearly
printed below the country must be the same name and mailing address
of the applicant as are shown on the application form contained
therein.  Failure to include this information will disqualify the
application.
     Example:  Pakistan, George Q. Public, 1234 Any Street, Apt. 5,
Center City, CA 90001.
     Only one application may be submitted by or for each applicant
during this registration period.  (Submission of more than one
application will disqualify the person from registration.) 
Applications for registration will be grouped by region and will be
selected strictly in a random order from among all those received
during the application period.  Every application received will
have an equal chance of being selected.  
     Applications must be sent to the addresses above by regular
mail or air mail only, and may be mailed from within the United
States or abroad.  The information required on the envelope must be
typed or clearly printed.  Any applications submitted by hand,
telegram, FAX, or by any means requiring any form of special
handling or acknowledgement of receipt, such as registered mail,
express mail, or certified mail will not be eligible for the visa
lottery.            Applications received at the post office either
before or after the application period, or delivered to any other
address will not be processed for registration.  Only one
application may be included in each envelope.
Size of Envelope
     The envelope in which each application is mailed must be
BETWEEN 6 inches and 10 inches (15 cm to 25 cm) IN LENGTH, and
BETWEEN 3  inches and 4  inches (9 cm to 11 cm) IN WIDTH.  This is
necessary to assist the automated processing of the mail. 
INFORMATION WHICH MUST BE INCLUDED WITH APPLICATION FOR
REGISTRATION
     There is no application fee or special application form.  The
request for registration in the lottery must furnish the following
information on a plain sheet of paper.  All answers must be typed
or clearly printed in the Roman alphabet.
     Each application must be in the following format:
     1.  APPLICANT'S FULL NAME 
     Last Name, First Name and Middle Name
     (Underline Last Name/Surname/Family name)
               Example:  Public, George Quincy
     2.  APPLICANT'S DATE AND PLACE OF BIRTH
     Date of birth:  Day, Month, Year
               Example:  15 November 1961
     Place of birth:  City/Town, District/County/Province, Country
               Example:  Munich, Bavaria, Germany
     3.  NAME, DATE AND PLACE OF BIRTH OF APPLICANT'S SPOUSE AND 
     CHILDREN, IF ANY 
     The spouse and child(ren) of an applicant who is registered
for  DV-1 status are automatically entitled to the same status.  To
     obtain a visa on the basis of this derivative status, a child
     must be under 21 years of age and unmarried.  NOTE: Do NOT
 list parents as they are not entitled to derivative
 status.
     4.  APPLICANT'S MAILING ADDRESS
     The mailing address must be clear and complete, since it will
be   to that address that the notification letter for the persons
who  are registered will be sent.  A telephone number is optional.
     5.  APPLICANT'S NATIVE COUNTRY IF DIFFERENT FROM COUNTRY OF
 BIRTH
     See the answer to Question 1 in this notice regarding the
meaning of "native" for the purposes of the DV-1 program.
FREQUENTLY ASKED QUESTIONS ABOUT DV-1 REGISTRATION
1.   HOW IS THE TERM "NATIVE" DEFINED?  ARE THERE ANY BASES UPON
WHICH PERSONS WHO HAVE NOT BEEN BORN IN A QUALIFYING COUNTRY MAY
QUALIFY FOR REGISTRATION?
     Native means BOTH someone born within one of the qualifying
     countries AND someone entitled to be "charged" to such country
     under the provisions of Section 202(b) of the Immigration and 
     Nationality Act.  Applicants for DV-1 registration may be
     charged to the country of birth of a spouse; a minor dependent
     child can be charged to the country of birth of a parent; and
     an applicant born in a country of which neither parent was a
     native or a resident at the time of his/her birth may be
     charged to the country of birth of either parent.  An
     applicant who claims the benefit of alternate chargeability
     must include a statement to that effect on the application for
     registration, and must show the country of chargeability on
     the upper left hand corner of the envelope in which the
     registration request is mailed.
2.   MAY PERSONS WHO ARE IN THE U.S. APPLY FOR REGISTRATION?
     Yes, an applicant may be in the U.S. or in another country,
     and the application may be mailed in the U.S. or abroad.
3.   IS EACH APPLICANT LIMITED TO ONLY ONE APPLICATION DURING THIS
DV-1 REGISTRATION PERIOD?
     Yes, the law allows only ONE application BY OR FOR each
     person; SUBMISSION OF MORE THAN ONE APPLICATION WILL
     DISQUALIFY THE PERSON FROM REGISTRATION.  NOTE: More than
     400,000 applications were DISQUALIFIED during the 1993 and
     1994 visa lotteries due to multiple applications.  Applicants
     may be disqualified at time of registration or at the time of
     the visa interview if more than one entry is detected.
4.   MAY A HUSBAND AND A WIFE EACH SUBMIT A SEPARATE APPLICATION?
     Yes, if otherwise qualified, a husband and a wife may each
     submit one application for registration; if either is
     registered, the other would be entitled to derivative status.
5.   MUST EACH APPLICANT SUBMIT HIS/HER OWN REQUEST, OR MAY SOMEONE
ACT ON BEHALF OF AN APPLICANT?
     Applicants may prepare and submit their own request for
     registration, or have someone act on their behalf.  Regardless
     of whether an application is submitted by the applicant
     directly, or is assisted by an attorney, friend, relative,
     etc., ONLY ONE APPLICATION MAY BE SUBMITTED IN THE NAME OF
     EACH PERSON.  Only one notification letter will be sent for
     each case registered, to the address provided on the
     application.
6. WHAT ARE THE REQUIREMENTS FOR EDUCATION OR WORK EXPERIENCE?
     The law and regulations require that every applicant must have
     at least a high school education or its equivalent or, within
     the past five years, have two years of work experience in an
     occupation requiring at least two years training or
     experience.  A "high school education or equivalent" is
     defined as successful completion of a twelve-year course of
     elementary and secondary education comparable to that of a
     high school degree in the United States.  Qualifying work
     experience shall be based upon the most recent edition of the
     Dictionary of Occupational Titles published by the Employment
     and Training Administration of the United States Department of
     Labor. 
     Documentary proof of education or work experience should NOT
     be submitted with the application, but must be presented to
     the consular officer at the time of formal immigrant visa
     application.
7.   HOW WILL CASES BE REGISTERED?
     At the National Visa Center all mail received will be
     separated into one of six geographic regions and individually
     numbered.  After the end of the application period, a computer
     will randomly select cases from among all the mail received
     for each geographic region.  Within each region, the first
     letter randomly selected will be the first case registered,
     the second letter selected the second registration, etc.  It
     makes no difference whether an application is received early
     or late in the application period; all applications received
     within the mail-in period will have an equal chance of being
     selected within each region.  When a case has been registered,
     the applicant will immediately be sent a notification letter,
     which will provide appropriate visa application instructions. 
     The National Visa Center will continue to process the case
     until those who are registered are instructed to make formal
     application at a U.S. consular office or at an INS office in
     the United States in the case of those who are entitled to
     apply for change of status.  The National Visa Center will
     provide additional instructions on what steps to take to
     pursue their applications for DV-1 visas.  
8.   MAY APPLICANTS ADJUST THEIR STATUS WITH THE INS?
     Yes, provided you are otherwise eligible to adjust status, if
     you are physically present in the United States you may apply
     to the Immigration and Naturalization Service (INS) for
     adjustment.  Applicants who adjust, however, must first mail
     completed forms OF-230, Part I, and DSP-122 to the National
     Visa Center.  Applicants should ensure that INS can complete
     action on their cases before September 30, 1995, since on that
     date registrations in the Fiscal Year 1995 DV-1 program
     terminate.
9.   WILL APPLICANTS WHO ARE NOT REGISTERED BE INFORMED?
     No, applicants who are not registered will receive no response
     to their registration request.  Only those who are registered
     will be informed.  All notification letters are expected to be
     sent within about three months of the end of the application
     period.  Anyone who does NOT receive a letter will know that
     his/her application has not been registered.
10.  HOW MANY APPLICANTS WILL BE REGISTERED?
     A total of about 90,000 persons, both principal applicants and
     their spouses and children, will be registered.  Since it is
     likely that some of the first 55,000 persons who are
     registered will not pursue their cases to visa issuance, this
     larger figure should ensure use of all DV-1 numbers, but it
     also risks some registrants' being left out.  All applicants
     who are registered will be informed promptly of their place on
     the list.  Each month visas will be issued, according to
     registration lottery rank order, to those applicants who are
     ready for visa issuance during that month.  Once all of the
     fiscal year 1995 visas have been issued, the program for the
     year will end.  Registered applicants who wish to receive
     visas must be prepared to ACT PROMPTLY on their cases. 
11.  IS THERE A MINIMUM AGE FOR APPLICANTS FOR REGISTRATION UNDER
THE DV-1 PROGRAM?
     There is NO minimum age for submission of an application for
     registration, but the requirement of a high school education
     or work experience for each principal applicant at the time of
     visa issuance will effectively disqualify most persons who are
     under age 18. 
12.  WILL THERE BE ANY SPECIAL FEE FOR REGISTRATION IN THE DV-1
CATEGORY?
     There is NO FEE FOR SUBMITTING A REQUEST FOR REGISTRATION, and
     NO FEE should be included with the letter sent to the post
     office box indicated above.  Furthermore, there is no fee for
     applicants who come to be registered through the lottery.
13. ARE DV-1 APPLICANTS SPECIALLY ENTITLED TO APPLY FOR A WAIVER OF
ANY OF THE GROUNDS OF VISA INELIGIBILITY?
     No.  Applicants are subject to all grounds of ineligibility
     specified in the Immigration and Nationality Act and there is
     no special provision for the waiver of any grounds of visa
     ineligibility other than those provided for in the Act.
14. MAY APPLICANTS WHO ARE ALREADY REGISTERED FOR AN IMMIGRANT VISA
IN ANOTHER CATEGORY APPLY IN THIS REGISTRATION FOR THE DV-1
CATEGORY?
     Yes, such persons may seek DV-1 status through this
     registration as well.
15. HOW LONG DO APPLICANTS WHO ARE REGISTERED ON THE BASIS OF THIS
APPLICATION PERIOD REMAIN ENTITLED TO APPLY FOR VISAS IN THE DV-1
CATEGORY?
     Under the law, persons registered following this DV-1
     application period are entitled to apply for visa issuance
     ONLY DURING FISCAL YEAR 1995, i.e., from October 1994 through
     September 1995.  There is no carry-over of benefit into
     another year for persons who are registered but who do not
     obtain visas during FY-1995.
     THERE IS ABSOLUTELY NO ADVANTAGE TO MAILING EARLY, OR MAILING
     FROM ANY PARTICULAR LOCALE.  EVERY APPLICATION RECEIVED DURING
     THE MAIL-IN PERIOD WILL HAVE AN EQUAL CHANCE OF BEING SELECTED
     AT RANDOM WITHIN ITS REGION.  HOWEVER MORE THAN ONE
     APPLICATION PER PERSON WILL DISQUALIFY THE PERSON FROM
     REGISTRATION. ALSO, FAILURE TO INCLUDE THE APPLICANT'S NATIVE
     COUNTRY AND FULL NAME AND ADDRESS ON THE ENVELOPE WILL
     DISQUALIFY THE APPLICATION.

Countries of the world divided into the six regions defined in
section 203(c)(1)(F) of the Immigration and Nationality Act of 1990

               (1)  Africa

                    Algeria
                    Angola
                    Benin
                    Botswana
                    Burkina
                    Burundi
                    Cameroon
                    Cape Verde
                    Central African Republic
                    Chad
                    Comoros
                    Congo
                    Cote d'Ivoire (Ivory Coast)
                    Djibouti
                    Egypt
                    Equatorial Guinea
                    Eritrea
                    Ethiopia
                    Gabon 
                    Gambia, The
                    Ghana
                    Guinea
                    Guinea-Bissau
                    Kenya
                    Lesotho
                    Liberia
                    Libya
                    Madagascar
                    Malawi
                    Mali
                    Mauritania
                    Mauritius
                    Morocco
                    Mozambique
                    Namibia
                    Niger
                    Nigeria
                    Rwanda
                    Sao Tome and Principe
                    Senegal
                    Seychelles
                    Sierra Leone
                    Somalia
                    South Africa
                    Sudan 
                    Swaziland
                    Tanzania
                    Togo
                    Tunisia
                    Uganda
                     Zaire
                    Zambia
                    Zimbabwe

               (2)  Asia

                    Afghanistan
                    Bahrain
                    Bangladesh
                    Bhutan
                    Brunei
                    Burma
                    Cambodia
                    China-mainland
                    China-Taiwan (a "state" within the meaning   
                                  of the Act)
                    Hong Kong (a "state" within the meaning of   
                               the Act)
                    India
                    Indonesia
                    Iran 
                    Iraq
                    Israel
                    Japan
                    Jordan
                    Korea, North
                    Korea, South
                    Kuwait

                    Laos
                    Lebanon
                    Malaysia
                    Maldives
                    Mongolia
                    Nepal
                    Oman
                    Pakistan
                    Philippines
                    Qatar
                    Saudi Arabia
                    Singapore
                    Sri Lanka
                    Syria
                    Thailand
                    United Arab Emirates
                    Vietnam
                    Yemen

               (3)  Europe

                    Albania
                    Andorra
                    Armenia
                    Austria
                    Azerbaijan
                    Belarus
                    Belgium
                    Bosnia and Herzegovina
                    Bulgaria
                    Croatia
                    Cyprus
                    Czech Republic
                    Denmark
                    Estonia
                    Finland
                    France
                    Georgia            
                    Germany
                    Greece
                    Hungary
                    Iceland
                    Ireland
                    Italy
                    Kazakhstan
                    Kyrgyzstan
                    Latvia
                    Liechtenstein
                    Lithuania
                    Luxembourg
                    Macedonia, The Former Yugoslav Republic of
                    Malta
                    Moldova
                    Monaco
                    Montenegro (a "state" for purposes of the    
                                Act; Serbia and Montenegro have  
                                proclaimed the formation of a    
                                joint independent state, but     
                                this entity has not been         
                                formally recognized as a state   
                                by the United States.)
                    Netherlands
                    Northern Ireland (a "state" within the       
                                      meaning of the Act)
                    Norway
                    Poland
                    Portugal
                    Romania
                    Russia
                    San Marino
                    Serbia (a "state" for purposes of the Act;   
                            Serbia and Montenegro have           
                            proclaimed the formation of a joint  
                            independent state, but this entity   
                            has not been formally recognized as  
                            a state by the United States.)
                    Slovakia
                    Slovenia
                    Spain
                    Sweden
                    Switzerland
                    Tajikistan
                    Turkmenistan
                    Turkey
                    Ukraine
                    United Kingdom
                    Uzbekistan
                    Vatican City (an independent city under the  
                                  jurisdiction of the Holy See)

               (4)  North America

                    Bahamas, The
                    Canada
                    United States

               (5)  Oceania

                    Australia
                    Fiji
                    Kiribati
                    Marshall Islands
                    Micronesia, Federated States of
                    Nauru
                    New Zealand
                    Palau
                    Papua New Guinea
                    Solomon Islands
                    Tonga
                    Tuvalu
                    Vanuatu
                    Western Samoa

               (6)  South America, Mexico, Central America, and
                    the Caribbean

                    Antigua and Barbuda
                    Argentina
                    Barbados
                    Belize
                    Bolivia
                    Brazil
                    Chile 
                    Colombia
                    Costa Rica
                    Cuba
                    Dominica
                    Dominican Republic
                    Ecuador
                    El Salvador
                    Grenada
                    Guatemala
                    Guyana
                    Haiti
                    Honduras
                    Jamaica
                    Mexico
                    Nicaragua          
                    Panama
                    Paraguay
                    Peru
                    St. Kitts and Nevis
                    St. Lucia
                    St. Vincent and the Grenadines
                    Suriname
                    Trinidad and Tobago
                    Uruguay
                    Venezuela

     As indicated above, the regulations pertaining to this Notice
are being published in this issue of the Federal Register, and
contain detailed information regarding the DV-1 program.  

     ______________________            __________________
             DATED                            Mary A. Ryan
                                         Assistant Secretary for
                                           Consular Affairs

DV-1 Public Notice

Drafted:                 Cleared:
CA/VO/F/P:JWCarter       CA/VO/F/:GCLannon
3/21/94                  CA/VO/L:CDScully
Ext. 31175               CA/VO/P:AMarwitz
WWVOFPL 8416             CA/VO/F/I:SStapleton
wordperfect 5.1 DIVNOT.w51 CA/VO/F/P:DSkocz
                         CA/P:RWilliams
                         L/CA:CBrown
                         CA/VO:MHancock
                         CA/VO:DDillard
                         CA:DHobbs     

______________________                 ________________________
        DATED                               David L. Hobbs
                                        Acting Assistant Secretary     
                                          for Consular Affairs

------------------------------------------------------

                      US Citizenship
                      --------------

Q: What is the time-frame to get U.S. citizenship if the spouse is
   an U.S. citizen?
A: [from Ashish Nedungadi, ashish@eng.umd.edu]
   The spouse of a US citizen gets a CONDITIONAL green card "immediately"
   after marriage.  After 2 years, the conditionality of this green card
   is removed(after successfully proving to INS that the marriage is
   legitimate).  The spouse is eliglible for his/her citizenship after
   3 years of receiving the CONDITIONAL green card. 
   In a nutshell,
   3 years after obtaining one's green card(including the CONDITIONAL one)


(continued next message)

-------------------------------------------------------------------------------
Area # 2120  news.answers           05-30-94 10:14      Message # 13270
From    : mahesh@evb.com
To      : ALL                                           
Subj    : FAQ : alt.visa.us GC and

@SUBJECT:FAQ : alt.visa.us GC and Citzenship questions and answers (p 
(Continued from last message)

   If you want to get more technical ["technical" may not be
   the right word :-)]
  [from Rajiv S. Khanna, rskhanna@access.digex.net]
  (a) Any person whose spouse is a citizen of the United States may by
      naturalized upon compliance with all the requirement of this title 
      except the provisions of paragraph (1) of section 316(a) if such 
      person immediately preceding the date of filing his application for 
      naturalization has resided continuously, after being lawfully admitted 
      for permanent residence, within the United States for at least three 
      years, and during the three years immediately preceding the date of 
      filing his application has been living in marital union with the 
      citizen spouse, who has been a United States citizen during all of 
      such period, and has been physically present in the United States 
      for periods totaling at least half of that time and has resided
      within the State or the district of the Service in the United States 
      in which the applicant filed his application for at least three months.


Q: Who can apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Persons who are 18 years of age or older, who are lawfully 
   admitted permanent resident aliens and who meet certain 
   requirements (see question 3) may apply for citizenship. 
   Aliens who have served in the armed forces of the U.S. are 
   eligible for citizenship under special provisions.

Q: When can I apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Five years from the date of entry as a lawful permanent resident. 
   If married to and living with citizen spouse in marital union for 
   atleast 3 years before filing the application, the residence period 
   is shortened to 3 years. You can file the application one month 
   before the residence requirement is met. Also, you have to be a 
   resident for 3 months in the state or INS district where you 
   are filing the application.

Q: What are the requirements for U.S. Citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   There are four main requirements that must be met by every applicant.
          (a) Basic literacy in the English language.
          (b) Knowledge of U.S. history.
          (c) Five years of residency in the U.S.
          (d) Good moral character.

Q: Under what conditions can I be denied U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
      (a) If you advocate or if you are a member of any organization 
          that is opposed to organized government (i.e., if you preach 
          and practice anarchy).
      (b) Membership in communist organizations.
      (c) If you advocate the overthrow of the U.S. Government by force, 
          sabotage, violence or terrorism.
      (d) If you publish any material advocating the methods of item (c).
      (e) Exemption from services in the armed forces of the U.S. 
          (unless the alien status does not permit the individual to 
           serve on the armed forces or if the alien had served in the 
           armed forces of his/her own country).
      (f) Desertion from military forces and draft evasion results in 
          permanent ineligibility for citizenship.

Q: Can citizenship once granted be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You bet. 

Q: Under what conditions can my citizenship be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   If your behavior is not well disposed to the good order and happiness 
   of the U.S. or if you concealed your wartime activities when applying 
   for visas to enter the U.S. after World War II. Also, for example you do 
   one of the following:
      (a) Refusal to testify before a congressional committee regarding 
          alleged subversive activities within 10 years after becoming a 
          U.S. citizen.
      (b) Establish permanent foreign residence within 5 years after becoming 
          a U.S. citizen
      (c) Membership in an outlawed organization within 5 years after becoming

          a citizen.

   Denaturalization proceedings may be instituted against you for (a)-(c).

REFERENCES:
[1] Nancy-Jo Merritt, "Understanding Immigration Law," Makai Publishing group,
Scottsdale, Arizona, 1993.

+Q. Where can I get some information on dual citizenship?
A: [From Rich Wales, richw@mks.com]

  * Using FTP
     Connect to mks-gate.mks.com
     get the file /usr/richw/dualcit

  * Using E-Mail
     Send a message to richw@mks.com with the subject "send dualcit".
     The body of the message can be blank, but you must type the subject
     line as indicated.



-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us


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