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Law Office of Vugar Jafarov
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Customer Testimonials

10/31/2016

 

L1 vize basvuru islemlerimde Vugar bey'den detek aldik. Kendisinin herzaman samimi ve konulara net yaklasimi donemsel olarak basvuru surecinde yasadigimiz karamsarligi asmamizda en buyuk desteklerimizden biri oldu ve zorlu L1 vize alim surecini basariyla tamamlamis olduk. Turkce iletisim kurabilmenin kolayligi tabiki cok degerliydi ama surec boyunca sorularimiza karsi aldigimiz net ve samimi cevaplar benim icin bu rahatliktan cok daha degerli/anlamli oldu. 
Samimiyetine ve profesyonelligine guvenerek calistigimiz Vugar bey bundan sonraki surecte farkli vize ihtiyaclarimizda basvurmak isteyebilecegimiz bir kisi olmasinin yaninda tum arkadaslarima gonul rahatligiyla tavsiye edebilecegim bir isim olacaktir.


                                                                                                                                                           Bulent Uckac / United Leader LLC​


"I was very pleased with the service I received from Vugar Jafarov. I could not find a better lawyer to help me through my application for permanent residency, which is why I requested his services a second time when I needed to submit the I-751 petition to remove the conditions on my residence after 2 years of marriage. He's a solid source of information and reviewed my paperwork thoroughly. He even provided his own custom checklist of supporting documents to help with my application. He answered my emails and phone calls in a timely manner and explained every step of the process. He is committed to his clients' needs and is an expert in his field. I can't recommend Vugar enough."


                                                                                                                                                       Catherine A., Client (New Caledonia)
 

"It was obvious from our very first meeting with Attorney Vugar Jafarov that he cares more about his clients' interests than his own. It is becoming increasingly rare in today's world to find people who will do the right thing regardless of the circumstances or outcome. For Attorney Vugar Jafarov, doing the right thing is his normal course of business! Attorney Vugar Jafarov is well educated and understands international legal issues very well. He holds masters' degree in Commercial Law and has an amazing interpersonal communication skill which makes the negotiation process very easy for everyone. He speaks four different languages fluently, so you do not have to worry about something missing in the translation. Counselor, I just wanted to thank you for all the effort put into making my once difficult situation a now pleasurable one. I was truly struggling (professionally and personally) during the months prior to contacting your firm, but it seems as if you brought instant relief and breathed new breath into my situation. Even though I didn't know how the situation would turn out, I knew that I was 1000% better off with Attorney Jafarov on my side. I would like to thank you for being there the entire step of the way. I have been telling all my friends about you and that I was truly represented by THE BEST."

                                                                                                     Ayaz Aliyev, Regional Director,  RE/MAX Azerbaijan (Azerbaijan)
 
"I have used Vugar's services for my citizenship interview. At first, I decided to go to the interview by myself but unfortunately, didn't not pass it. I was asked a lot of questions that were not clear to me and didn't have proper documentation with me. Therefore, I asked Vugar to help me to prepare for the second interview. He handled my case professionaly and guided me step by step on what to say and how to say things straight to the point.The interview process went smoothly, except for a few questions that got me confused. However, my lawyer Mr. Jafarov helped me  immediately by moving the conversation in the right direction. The immigration officer was satisfied with all provided explanations and finally my case got approved.  I'd like to say Thank You to Vugar. I'm glad that I haved used his services and would recommend him for any immigration related cases."

                                                                                                                                                                           Zoia (Russian Federation)

"Eger guvenilir, etkili, hizli bir hizmet almak istiyorsaniz, hic tereddut etmeden kapisi calinacak birisidir. Bizim icin cok onemli bir markanin Turkiye ve Avrasya ulkelerinin Distributorlugunu almak icin bir Amerikan Sirketi ile anlasma yapmamiza vesile olmustur. Isini hizli, guvenilir, ve hakkiyla yapan bir kisidir. Biz Turkiye'den kendisiyle irtibat kurduk.  Gozlerimiz hic arkada kalmadi. Yapacagimiz tum uluslar arasi anlasmalarda her zaman calismak isteyecegimiz tek avukatimiz olacaktir. Aldigi her kurusu fazlasiyla hak eden, bizim icin cok saygiya deger bir kisidir. Amerika'ya gittigimizde ozel olarak ziyaret edecegiz InsaAllah. Turkiye'den Saygi ve Selamlar."

                                                                                                               Ali Sabir, Genel Mudur, EnerPlex Turkiye ve Avrasya (Turkey)


"Merhaba - Oncelikle, sayin Vugar beyle tanistigim icin kendimi cok sansli buluyorum cunku, kendi green card basvurumu yaparken karsilastigim bir cok sorunlar olmustu. Bu ulkede avukat sorununu cok buyuk bir sekilde yasadim, lakin bir arkadasimin vesilesiyle Vugar beyi tanidiktan sonra, artik icim rahat - kendisinin evraklari hazirlamadaki titizligi, inanilmaz bir iletisim hizliligi (bu, telofon, ya da emall fark etmez), sorunlariniza direk ve net cevaplar vererek icinde bulundugunuz durumda size ne yapilmasi gerektigini en dogru sekilde tavsiye etmesi, gercekten cok iyi. Esimin, oncelikle turist vizesini uzattigi, akabinde de green card basvurusu yaparak esimin statusunu legal duruma dusurmesi ve sahsima ait vatandaslik basvurusunu basarili bir sekilde yaptigi icin sayin Vugar beye gonulden tesekkurlerimi bir borc biliyorum".

                                                                                                                                                                               Tuncay K., Client (Turkey)

​ 
Mr. Jafarov, an incredible man who has helped me at my lowest time, took the time to actually sit down with me and work things out. He is such an amazing guy - I would like to thank him so much for what he has done for me. I am so blessed to have found a lawyer like you and I would recommend any and everyone to Mr. Jafarov. Thank you MR.Jafarov for everthing.
 
                                                                                                                                                                         Hikmat I., Client (Azerbaijan)

E2 vizesi dosyamın kısa sürede olumlu bir şekilde sonuçlanmasından dolayı teşekkür ederim. Çok zor bir dosya olmasına rağmen Business Planın hazırlanmasında, dosyanın hazırlanması için gece gündüz ilgilenerek 1 aydan kısa sürede sonuçlandırdınız. Ayrıca ailemin vize işlemlerinde ki desteğinizden dolayıda ayrıca teşekkür ederim.
​İşlerinizde Başarılar Dilerim.


                                                                                                    Selahattin A. SOLTECH LLC, General Manager (Manchester, NH)

If you are on this page, I assume you look for a lawyer/law firm to assist you with a legal situation.  I assure you, based on my personal experience, that you have reached out to the right place and the right person.

A short while ago, I was exactly at where you are today; confused and disappointed. I did not know whom to reach out to in order to help my parents who at the time, lived in Afghanistan. I needed a professional to assist and guide me to get them to the United States.

Believe me, it is possible, but not easy to get a U.S visa in Afghanistan. I am a journalist with a post-graduate degree in marketing, public relations, and advertising. Therefore, I think I can better tell when people talk just money and business with little or no personal concern. I am a sensitive person by nature, thus find it hard to trust when I am being considered a “consumer.” Knowing my professional background, you can understand that I have a relatively fair understanding of the marketing language in the professional world.

Therefore, when it came to petitioning for my parents, we solely looked for a professional who does not only think money and business, but connects with our situation on a human level and brings honesty and trust to the table.

My father had a serious heart condition and my mother suffered from diabetes, so the thought of them being left in Afghanistan, where a simple cold could be life threatening, give me sleepless nights. I needed a lawyer who understood the urgency of my situation. Fortunately, after a comprehensive research, I came in touch with the Law Office of Vugar Jafarov. I have to say that in the first contact with Mr. Jafarov, I heard the voice of support and found him as concerned human being with first hand experiences of working with people from the Middle East, Central and South Asia. Mr. Jafarov tirelessly worked with us, day and night. He responded timely. He understood the pain we went through, has always been patient with us and talked to us with a big heart and a positive attitude.

I found him extremely accountable. He updated me with every dollar that was spent on the paper work. In the process, we built a relationship based on mutual respect and trust which give us all hope and the strength to look forward to a positive outcome.
 
I was afraid for my parents' health, so out of sheer nervousness, I would call him even on weekends and public holidays, inquiring about the statues of our case. Well, I do not recommend anyone to do so, but I have to mention that he always responded regardless of time and date and told us: "It will be fine. We will make it."
 
We went through tones of ups and down during the process, but the window of hope that Mr. Jafarov kept opened for us give everyone the strength to hold on strong and steady.
I remember, I have once called him on his daughter’s first day at school that he had to attend an official ceremony, but he did not ignore my calls. Instead, he did give updates, assuring us that things will work just fine.

They did, indeed. Eventually, we managed to bring my parents to the United States in just a few months and it is still a surprise to those familiar with the complicity of getting a U.S visa in Afghanistan.

To conclude, Mr. Jafarov is not your average businessperson who thinks only money, but a professional who works with a warm heart, honesty, accountability, and passion for helping those in need.

My parents are happy and healthy in the United States today and we owe that to Mr. Jafarov and his colleagues. My parents are now learning the language, the culture and making friends in the United States.

My parents and I daily go for jogging, something we would not imagine to do in Afghanistan. There is hardly a day we do not talk about how to give back to Mr. Jafarov for his great job and efforts.  


                                                                                                                                                                                    Mirwais J., Journalist



Consultation

10/31/2016

 
If you are interested in hiring the Law Office of Vugar Jafarov or need advice about your immigration options, we would be delighted to serve you. Our office offers a one-time paid consultation with an immigration attorney at no further obligation.

Consultation Fee

We typically charge a fee of $150 for a consultation lasting up to 60 minutes. This fee would be fully credited towards the legal fees of your immigration case if you hire our immigration law office within 7 days of your consultation. The consultation fee should be paid before we schedule a consultation with you. Once the fee paid, please notify us through an email and we will contact you to schedule a consultation. 

We do not accept credit/debit cards. We accept payments in cash, cashier’s check, or money order. We also accept payments through our webpage [www.vj-legal.com] and PayPal. In some cases, we also accept personal checks. 

“Can you tell me how much you will charge to handle my case before meeting with me?”

No and here’s why. For the immigration cases that we handle, we typically charge a fixed legal fee, which varies based on the facts and complexity of the case. Every case is different and, unfortunately, we cannot estimate the costs for your case without first meeting with you and reviewing your case carefully. You may believe that your immigration case is straightforward, routine and simple but there may be legal issues or difficulties that you haven’t spotted.

What to expect from an Immigration Consultation

We consider your initial consultation to be a clinical examination. This meeting allows us to get acquainted and to determine the basic nature of your immigration problem. During your immigration consultation, you should expect an immigration lawyer to:
  • Review the details of your immigration situation thoroughly;
  • Answer questions that you have about your immigration case;
  • Explain all immigration benefits for which you may qualify;
  • Help you plan an immigration strategy for success;
  • Provide you with an fee estimate and discuss payment plans or billing arrangements

What NOT to expect during an Immigration Consultation

During the consultation, our attorney cannot review your paperwork for completeness or accuracy. If you are determined to handle your immigration case on your own, without hiring an attorney, we cannot provide you instruction or advice on how to do that.

Consultation Does NOT establish an Attorney-Client Relationship

We would be honored to have the privilege of handling your immigration case. And we hope that you decide to hire us and become our client. But you do not become a client of our office simply by having a consultation.  Should you decide to hire us, and should we decide to accept your immigration case, then we would ask you to sign a written representation agreement, spelling out the scope of our services, fees, and other terms and conditions. But consultation alone does not create either an Attorney-Client relationship or any obligation to provide any services other than the consultation itself.

Consultations with Immigration Lawyer by phone, Face time, or Skype

We offer in-person immigration consultations at our office located in Marlborough, MA. This option is our preferred method of analyzing your immigration case. But, if you need help or advice, we offer immigration consultations by phone, email, IM, Skype, or any other manner that is convenient for you. Regardless of which form of consultation you choose, an immigration attorney will be ready to thoroughly analyze your immigration case and carefully explain your rights and options.

If you prefer remote consultation, please make sure you are prepared and have all necessary tools to facilitate a productive meeting. For example, if you have a Skype consultation scheduled, please make sure that you have a quite place to have a private meeting with your attorney, arrive at least 5-10 minutes before the meeting, and check your connectivity. Calling from public places or from your business place while working will be disruptive and not productive. 

What to bring to your consultation

Bring all documentation related to your immigration matter. The more documentation you bring us, the easier it will be for us to accurately evaluate your immigration options. 

If you cannot communicate in English, Spanish, Turkish, Russian, and/or Azerbaijani, please bring someone with you who can interpret for you. If you do not speak one of the five languages listed above and cannot bring your own interpreter, we are more than happy to arrange an interpreter for you for an additional cost of $200/per hour. In this case, we will need at least a week advance notification. 

​The Law Office of Vugar Jafarov Privacy Policy

10/27/2016

 
The Law Office of Vugar Jafarov recognizes the importance of privacy and the sensitivity of personal information. As lawyers we have a professional obligation to keep confidential all information we receive within a lawyer-client relationship. We are committed to protecting any personal information we hold. This Privacy Policy outlines how we manage your personal information and safeguard your privacy.

Privacy Policy

The Law Office of Vugar Jafarov has created this privacy policy to demonstrate our commitment to the privacy of the users of our website. Please read the following to learn more about our privacy policy, and how we treat personally identifiable information collected from our visitors and clients.

What this Privacy Policy Covers?

  1. This privacy policy covers The Law Office of Vugar Jafarov’s treatment of personally identifiable information collected by The Law Office of Vugar Jafarov through our website, owned and operated by The Law Office of Vugar Jafarov.
  2. This privacy policy does not apply to the practices of companies that The Law Office of Vugar Jafarov does not own or control, or of persons that The Law Office of Vugar Jafarov does not employ or manage, including any third-party content contributors bound by contract and any third-party websites to which The Law Office of Vugar Jafarov websites link, however it is important that you know that we do not provide, rent, sell or distribute your personal information to anyone, period.

Collection and Use of Personal Information

  1. You can visit the website of The Law Office of Vugar Jafarov without revealing any personal information. However, The Law Office of Vugar Jafarov needs certain personal information if you wish to engage our office and use USA Immigration Law services.
  2. Where required, this information may include your personal contact information and/or your company contact information. The Law Office of Vugar Jafarov will use this information to reply to your inquiries, to provide you with services, to set up your client account, and to contact you regarding the services we provide to you.
  3. By accessing the services of The Law Office of Vugar Jafarov and voluntarily providing us with the requested personal information, you consent to the collection and use of the information in accordance with this privacy policy.

Information Sharing and Disclosure

The Law Office of Vugar Jafarov does not share your personal information with third parties without your consent.

Consent

If you do not consent to the collection, use or disclosure of your personal information as outlined in this policy, please do not provide any personal information to The Law Office of Vugar Jafarov. If you have provided personal information to The Law Office of Vugar Jafarov and no longer consent to its use or disclosure as outlined herein, please notify The Law Office of Vugar Jafarov at vugar.jafarov@vj-legal.com

Security

  1. Our site uses an industry standard to protect your personal data. We do not accept credit cards over our website and do not collect/store any credit card information.
  2. We also safeguard your personal information from unauthorized access, through access control procedures, network firewalls, and physical security measures.
  3. Further, The Law Office of Vugar Jafarov retains your personal information, when needed, only as long as necessary to fulfill the purposes identified above or as required by law.

Changes to this Privacy Policy

The Law Office of Vugar Jafarov may at any time, and in its sole discretion, amend this policy from time to time. Please review this policy periodically. Your continued use of The Law Office of Vugar Jafarov website after any such amendments signifies your acceptance thereof.

Questions or Suggestions

If you have questions or suggestions about this privacy policy, or your own personal information, please e-mail us at vugar.jafarov@vj-legal.com

Data Transmission Policy

We limit the collection, use and retention of the Data to the specific information we need for legitimate purposes to administer our business. We take appropriate steps to protect Data collected against unauthorized access, disclosure or alteration.

​When you browse this website, we do not collect Data from you.

O-1 Visa: Individuals with Extraordinary Ability or Achievement

10/27/2016

 
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O nonimmigrant classification is commonly referred to as:
  • O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
  • O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
  • O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
  • O-3: individuals who are the spouse or children of O-1’s and O-2’s

General Eligibility Criteria

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

Application Process O-1 Visa


The petitioner should file Form I-129, Petition for Nonimmigrant Worker, (see Form I-129, Petition for Nonimmigrant Worker) with the USCIS office listed on the form instructions.  The petition may not be filed more than one year before the actual need for the alien's services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment.

​​​Source: ​United States Citizenship and Immigration Services (USCIS)

Investment-based Immigration

10/27/2016

 
Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence).

Up to 10,000 visas may be authorized each fiscal year for eligible entrepreneurs.

You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area).  In return, USCIS may grant conditional permanent residence to the individual.

Eligibility Criteria

You may be eligible to receive permanent residence based on investment if:
  • You have an approved Form I-526, Immigrant Petition by Alien Entrepreneur
  • You are admissible to the United States
  • An immigrant visa is immediately available

Application Process

If You Are Living Outside the United States

You can become a permanent resident through consular processing if you live outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-526, Immigrant Petition by Alien Entrepreneur, petition when a visa is available. 

If You Are Living in the United States

You can become a conditional permanent resident through adjustment of status if you live inside the United States. Once the Form I-526 is approved and a visa number is available, you can apply for conditional permanent residence on Form I-485, Application to Register Permanent Residence or Adjust Status. 

Supporting Evidence for Form I-485

You should submit the following evidence/documentation with your application:
  • Two passport-style photos
  • Form G-325A, Biographic Information, if you are between 14 and 79 years of age
  • Copy of government issued photo identification
  • Copy of birth certificate
  • Copy of passport page with nonimmigrant visa (if applicable)
  • Copy of passport page with admission (entry) or parole stamp (if applicable)
  • Form I-94, Arrival/ Departure Record (if applicable)
  • Certified copies of court records (if you have been arrested)
  • Form I-693, Report of Medical Examination and Vaccination Record
  • Applicable fees
  • The approval notice for Form I-526 (Form I-797)

Family of Entrepreneurs

Your spouse and unmarried children under the age of 21, (known as derivatives) may be included on your immigration petition.  If they are residing in the US, they will each need to file a Form I-485. They are counted towards the annual cap of 10,000 visas.

Work & Travel Authorization

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). 

​​​Source: ​United States Citizenship and Immigration Services (USCIS)

Employement-based Immigration

10/27/2016

 
​The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the United States.

Temporary (Nonimmigrant) Worker

A temporary worker is an individual seeking to enter the United States temporarily for a specific purpose. Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued.

Permanent (Immigrant) Worker

A permanent worker is an individual who is authorized to live and work permanently in the United States.

Students and Exchange Visitors

Students and exchange visitors may, under certain circumstances, be allowed to work in the United States. They must obtain permission from an authorized official at their school. The authorized official is known as a Designed School Official (DSO) for students and the Responsible Officer (RO) for exchange visitors.

Information for Employers & Employees

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

Temporary Visitors For Business

To visit the United States for business purposes you will need to obtain a visa as a temporary visitor for business (B-1 visa), unless you qualify for admission without a visa under the Visa Waiver Program. For more information on the topics above, select the category related to your situation to the left.

​​​​Source: ​United States Citizenship and Immigration Services (USCIS)

Adoption

10/27/2016

 
Each year, thousands of U.S. citizens adopt children from overseas. This is known as an intercountry adoption.

Adopting a child from another country is often a complicated journey, and the information on this site is designed to help you as you move forward.

USCIS is Responsible For:
  • Determining the eligibility and suitability of the Prospective Adoptive Parents (individuals) looking to adopt.
  • Determining the eligibility of the child to immigrate to the United States.

Which Process is For You?

There are three processes for adopting a child internationally.

Two separate processes apply only to children adopted by U.S. citizens. Depending on what country you choose to adopt from will determine which process you will adopt by.
  • Hague
  • Orphan (Non-Hague)

Another process applies to a U.S. citizen or permanent resident who may petition for his/her adoptive child through an Immediate Relative Petition.

​​Source: ​United States Citizenship and Immigration Services (USCIS)

Fiancé(e) Visas

10/27/2016

 
Application Process

File Form I-129F, Petition for Alien Fiancé(e).

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:
  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
    2. If you prove that the requirement to meet would result in extreme hardship to you.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

Treatment of I-129F petitions where the Department of State (DOS) refuses to issue the K-1 visa and returns the expired petition to USCIS.

Once USCIS receives a consular returned I-129F for K-1 classification from DOS and the petition has expired in accordance with 8 CFR214.2(k)(5), USCIS will allow the petition to remain expired and will not reaffirm or reopen the petition. Please note that this will not preclude the petitioner from filing another petition.

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

Each case is different, please check the current processing times for the I-129F petition, see the “Check Processing Times” page.  We process fiancé(e) petitions in the order we receive them. Once we complete our processing, your approved petition is then forwarded to the National Visa Center (NVC). The NVC will then send the petition to the U.S. Embassy or consulate, which will need time to process your fiancé(e) for a visa.

​​Source: ​United States Citizenship and Immigration Services (USCIS)

Widow(er)

10/27/2016

 
Green Card for a Widow(er) of a U.S. Citizen

Widows or widowers who were married to U.S. citizens at the time of the citizen’s death may apply for a green card.

Until October 28, 2009, you had to have been married to the deceased citizen for at least two years at the time of the deceased citizen’s death, in order to immigrate as the widow(er) of a citizen. Congress removed this requirement, effective October 28, 2009.

To immigrate as the widow(er) of a citizen, you must prove that you were legally married to the citizen, and that you entered the marriage in good faith, and not solely to obtain an immigration benefit.

Widow(er) With Pending or Approved Immigrant Petition

If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything. The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

To qualify, you must not have have been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow(er) ends if you  have remarried.  

Widow(er) Without a Pending or Approved Immigrant Petition

If you were married to U.S. citizen before the citizen’s death, but had no I-130 petition filed on your behalf, you can self-petition as an “immediate relative” on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

To qualify, you must not have  been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow(er) ends if you have remarried. You must file within 2 years of the citizen’s death.

If your citizen spouse did not have a Form I-130 pending at the time of death, you must file the Form I-360 no more than 2 years after the death of your citizen spouse.

If, however, you were married less than 2 years, and your citizen spouse died before October 28, 2009, you must file your Form I-360 no later than October 28, 2011.

Widow(er) of a U.S. Military Member

For surviving spouses of deceased U.S. military members who were killed in combat, there are separate immigration benefits under section 1703 of Public Law 108-136. Individuals in these categories may self-petition for “immediate relative” status on Form I-360.

Eligibility Criteria

You may be eligible to receive a green card through widow/widower status if you:
  • Were married to a U.S. citizen at the time he or she passed away
  • Either have a pending or approved Form I-130 or you have filed a Form
  • I-360 within 2 years of your spouse’s death (or no later than October 28, 2011, if your citizen spouse died before October 28, 2009, and you were married less than 2 years).
  • Are not remarried
  • Were not divorced or legally separated from your spouse at the time he or she died
  • Are able to prove that you were in a bona fide marital relationship until the  time of your spouse’s death
  • Are admissible to the United States

Application Process

To obtain a green card, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with all required documents as listed in the form instructions. If your spouse filed Form I-130, Petition for Alien Relative, before his or her death, we will consider the petition as if you had filed an I-360.

If You Live in the United States

You may file Form I-485, Application to Register Permanent Residence or Adjust Status, either at the same time you file your Form I-360 or after you file the Form I-360 whether it is pending or approved. If you already filed Form I-485 based on the petition filed by your spouse, USCIS will continue to process this application and you do not need to file another one.

If You Live Outside of the United States

Your approved petition will be forwarded overseas to the U.S. embassy or consulate that has jurisdiction over where you live. 

Supporting Evidence for the Form I-485

You should submit the following evidence/documentation with your application:
  • Two passport-style photos
  • Form G-325A, Biographic Information (if between the ages of 14 through 79)
  • Copy of your birth certificate
  • Copy of your passport page with nonimmigrant visa (if applicable)
  • Copy of passport page with admission (entry) or parole stamp (if applicable)
  • Form I-94, Arrival/Departure Record (if applicable)
  • Form I-693, Report of Medical Examination and Vaccination Record
  • Form I-130 receipt notice or approval letter (Form I-797), if applicable; or
  • Form I-360 with all required documents, if filing at the same time (concurrently) with Form I-485
  • If not filing concurrently, Form I-360 receipt notice or approval letter (Form I-797)

Medical Examination


You will need to undergo a medical exam to be eligible for adjustment as an immediate relative.

Children of Widow(er) of a U.S. Citizen

Your unmarried children under the age of 21 (known as “derivatives”) may be included on your immigration petition.

As “immediate relatives,” your derivative children are granted benefits of the Child Status Protection Act, which “freezes” their ages as of the date of the principal’s filing of Form I-130 or I-360, whichever is applicable. This provision prevents them from aging-out if they turn 21 prior to adjudication of their adjustment-of-status or visa application. They must, however, continue to meet any other additional filing requirements. 

Work & Travel Authorization

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).

​​​Source: ​United States Citizenship and Immigration Services (USCIS)

V Nonimmigrant

10/27/2016

 
Green Card for a V Nonimmigrant

The Legal Immigration Family Equity (LIFE) Act provisions of 2000 created the V nonimmigrant category that allow the spouse or child of a permanent resident to live and work in the United States while waiting to obtain immigrant status. To qualify for a V visa, the spouse or child of the permanent resident needs a Form I-130, Petition for Alien Relative, filed on their behalf on or before December 21, 2000 by the permanent resident relative. The spouse or child also must have been waiting for at least 3 years after the form was filed for their immigrant status—either because a visa number was not available or because we had not yet adjudicated the Form I-130 or Form I-485, Application to Register Permanent Residence or Adjust Status. In most cases, V nonimmigrants will eventually adjust status as the spouse or child of a permanent resident when a visa number becomes available and the Form I-130 and Form I-485 have been adjudicated.

Eligibility Criteria

You may be eligible to receive a green card as a V nonimmigrant if you:
  • Are the beneficiary (as the spouse or child) of an immigrant visa petition that was filed by a permanent resident by December 21, 2000
  • Obtained V status either in the United States or abroad and have continuously maintained your status while in the United States
  • Continue to remain eligible to adjust status as the spouse or child of a permanent resident (or U.S. citizen, if your spouse or parent has now naturalized)
  • Have an immigrant visa immediately available
  • Are admissible to the United States

Application Process

To obtain a green card, you need to file Form I-485.

Supporting Evidence for the Form I-485

You should submit the following evidence and documentation with your application:
  • Two passport-style photos
  • Form G-325A, Biographic Information
  • Copy of government issued photo identification
  • Copy of birth certificate
  • Copy of passport page with nonimmigrant visa (if applicable)
  • Copy of passport page with admission (entry) or parole stamp (if applicable)
  • Form I-94, Admission/Departure record (if applicable)
  • Form I-693, Report of Medical Examination and Vaccination Record
  • Form I-864, Affidavit of Support
  • Form I-797, Notice of Action, showing the date you were granted V nonimmigrant status (based on Form I-539, Application to Extend/Change Nonimmigrant Status)
  • Form I-797, Notice of Action, as evidence of the Form I-130 approval letter or receipt notice
  • Applicable filing fees

Medical Examinations

If you received a complete medical exam conducted by either a Panel Physician overseas or a Civil Surgeon within the United States prior to receiving your V visa, you are not required to have another medical exam if your Form I-485 is filed within one year of your medical exam. You will, however, be required to submit the vaccination portion of Form I-693, which will be completed by a Civil Surgeon. See the filing instructions for Form I-693 for further information.

Requirements for Travel Outside the United States While Your Form  I-485 is Pending

You do not need to file for advance parole prior to traveling abroad while your Form I-485 is pending; however, you must obtain a V visa from a consular office abroad in order to be readmitted to the United States as a V nonimmigrant. Departure from the United States at any time after having accrued more than 180 days of unlawful presence will render you inadmissible to the United States to adjust status unless you obtain a waiver. Therefore, before traveling outside the United States while your Form I-485 is pending, please carefully consider any possible consequences.

​​​Source: ​United States Citizenship and Immigration Services (USCIS)
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327 Boston Post Rd, Unit E
​Sudbury, MA 01760
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