Documents to Carry for Visa Interview

Dear Ashwin,
We are citizens of India.My elder son aged 25 is Masters from Stanford University. My wife and I are permanent residents of USA and we have applied for our son's Green card. My son's employer in California has got him a H1B visa in 2004, but my son must leave USA and re-enter to validate his H1B Visa. He is now planning to go to US Consulate in Toronto to get it stamped there. Our friends tell us that he being a graduate from Stanford in Computer Science and having an H1B visa from employer, he should not have any 
problem in getting his H1B validated. We are anxious. We applied for his H1B in Jan 2005. Do you have any advice on documents that he must carry or other issues for a successful outcome at the Visa interview in Toronto? 
Ravi Varma

Dear Mr Varma,
I recommend that he take the following:
1. Paystubs/W2s
2. Picture of inside/outside h1b sponsoring company
3. Employer cover letter discussing the fact that your son works there and will continue to work there, 
information about their bio, information about other projects and h1b employees. Write a phone number on 
there that the consulate officer can call if need be. 
4. Attorney cover letter (if applicable)
5. Resume
6. Old I-94s, I-797s
7. Discussion of current client job & what he does there.
8 Educational degrees and educational evaluation
Ashwin
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Dual Citizenship

Dear Mr. Sharma, 
I have been living in the US for the past 31 years and have become a US citizen for the last 20. Would I be able to hold on to my US citizenship status while reinstating my Indian citizenship? If so, I also want to make sure that getting the Indian citizenship will by no means jeopardize my US citizenship in any way. I assume by getting the dual citizenship, I will be able to inherit land and money, buy and sell property in India?
Letha Menon 

Dear Letha,
You will be able to maintain US citizenship. You will be able to inherit and buy (nonagricultural) land and property in India. You should contact the US Indian Embassy in your region (Houston, TX for example) for filing procedures. I believe they are having some confusion in processing dual citizenship on the Indian side currently.
Ashwin
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What is an I-131?

Dear Ashwin,
What is a traveling card which sometimes comes with a work permit? Is it any good? Also, will it be safe to travel with it, for non green card holders, since it is not a green card?
Isha

Dear Isha,
I believe you are referring to the I-131 which can be utilized to obtain approved travel authorization prior to the grant of a conditional Green Card. It can be used to travel abroad while your green card is pending, or 
under other limited circumstances. It can take several months to get once filed for, but is generally safe to travel with.
Ashwin
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Medical Exemptions to Naturalization Test

Dear Ashwin,
I have an elderly parent who is not qualified to write the US examination test for his naturalization. I believe this is due to his problems in learning the language. What are some ways we can overcome this obstacle in gaining my father's citizenship? He has all the other requirements completed. 
Venkat


Dear Venkat,
Your father could have a disability which would constitute a medical exception to the Naturalization test. There are certain types of disabilities/handicaps which allow a person to bypass the citizenship examination. I recommend you speak to a lawyer and also take your parent to a doctor to determine whether you qualify for this exemption. 
Ashwin

Adjusting Status after Marriage to Citizen

Dear Ashwin,
I have a friend who came illegally into America. He recently got married to an American citizen. Can he adjust his status to green card holder after the marriage? He was told by another attorney that is is possible, however, I also heard that it is not possible. 
Smita

Dear Smita,
When an individual enters America without inspection it is not possible for him or her to adjust their status without leaving the country. It is important to distinguish those who 'enter without inspection' (illegal/stowaway/etc) and 'overstays'. Individuals who are overstays, i.e., those individuals who entered the US legally, but who overstayed their visas are eligible to adjust their status in the situation you described. 
Ashwin


Investment for E2 Business Visa

Dear Ashwin,
How much money do I need to invest to obtain an E2 business?
Manuel

Dear Manuel,
The investment requirement is described by the government as "substantial" for the type of business you are developing or buying. You must ensure that you 1. invest at least 80% of the market value of the type of business you are buying/developing and 2. do not secure any loans on the business itself (personal loans are fine). 
Ashwin


INA Section 214(b) issues in applying for Visitor/Student visas

Dear Ashwin,
I wanted to bring my brother over to the US for Diwali, and I sent an invitation letter, but the consulate in Chennai turned him away. What do the consular officers look for in these situations, and what should we watch out for the next time I try to get a visitor's visa for brother or parents? When can I reapply for him? 
Lakshmi

Dear Lakshmi,
Section 214(b) of the Immigration and Nationality Act (INA) states: "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status..." In short, this section of the INA presumes every applicant for a visa to America intends to eventually reside in America. It is the burden of each applicant to demonstrate that this is not the case - that they only intend to visit America for a short duration. In qualifying for B (Visitor) F (Student) or J (Exchange Visitor) visas, an applicant must demonstrate compliance with this section of the law. Most refusals concern the requirement that the applicant possess or maintain a residence abroad that he has no intention of abandoning. Applicants thereby demonstrate that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The INA places this burden of proof squarely on the applicant. (Note that these requirement do not apply to H or L Visa holders who may maintain 'dual-intent'). 

Consular officers have the last word in deciding who may enter the US and evaluate each applicant for a non-dual-intent visa (B, F, J among others) to determine whether the applicant has strong ties abroad. Some examples of ties can be a job, a house, a family, and a bank account. These ties bind you to your home country and demonstrate that you will return after your trip to America. Despite the fact that consular officers attempt to provide a case-specific evaluation, they have limited time allotted to each client. It is imperative that you have a well documented and organized petition which demonstrates the strength of your applicant's case by providing evidence of the applicant's strong ties. Unfortunately, as you can imagine, these requirements are somewhat harder to prove for younger applicants. 

You should also attempt to provide documentation of why the visa applicant is coming to the United States. Temporary trips of a short duration (less than six months) for a specified period of time with a clearly defined start and end date (such as a marriage or graduation) are more likely to be approved. Remember that an invitation letter and evidence of funds of the American 'sponsor' are of limited benefit to the applicant - the consular officer is mainly concerned with the qualifications of the applicant themselves. 

Your brother can attempt to enter the US again since a denial under section 214(b) is not permanent, however, the more times an individual is turned down the harder it becomes to become eligible for subsequent approvals. The consular officer will only reconsider a case if an applicant can show further convincing evidence of ties outside the United States. The applicant's situation must have substantially changed since the last application. Demonstration of strong ties is still key.