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Our "Ask an Immigration Attorney Site" is a Courtesy
of the
Law Offices of Kevin C. Guanaga,
Esq.
E-mail: emigrator@earthlink.net
Tel. (305) 595-3784 Fax (305) 595-4648
Submit
Your Questions: immigration@webbangladesh.com
1. How
can I get a student visa to come to the USA and then get a
green card?
In order to
obtain a student visa from the American Embassy in Dhaka,
you must first know where you intend to study. There are 3
types of student visas: the F-1 visa for academic students (Click
here to
visit the websites of U.S. College and Universities); the
J-1 visa for foreign exchange students; and the M-1 for
vocational students (non-academic). Once you know where you
wish to study, then you must enroll at the school and obtain
a Certificate of Eligibility for Nonimmigrant Student Status
(I-20 form) from the admission office, which essentially
states you have paid for your studies. As a general matter,
before the Consul issues a student visa, the applicant must
meet a burden of demonstrating that he/she will not abandon
their country, seeks to enter the United States temporarily
solely to study, and is a qualified student. In addition,
the applicant must have sufficient financial support, be
proficient in English ( or will become proficient), and will
study full-time. The F-1 visa is no longer issued for
primary and secondary education unless the institution is a
private one. Under all the student visas an applicant may be
eligible for authorization to accept practical training with
strict limitations. The second part of this questions is too
board, but essentially there are two ways to immigrate: One,
through an immediate family relationship, or Two, through
employment or investment. Obtaining a "green card"
requires an independent analysis of the particular
circumstances of the individual applicant; however, the two
ways to immigrate should serve as your guide.
2. I came
from Bangladesh in 1993 with a visitor visa. In 1995, I got
married to a US Citizen just to get a green card. I got an
employment authorization card. After three years after getting
few extension to my work authorization, I went to the
adjustment interview without my husband because I did not know
where he was and I told them he was in a jail. I did not get a
green card on that time. Now I want to marry my new boyfriend
(US Citizen too). Do you think I can still get a green card
after all these?
The answer is
yes contingent upon a divorce being finalized in the first
marriage. So long as you made a lawful entry into the United
States, a divorce is completed, and you marry your new fiancée,
you should be eligible to apply for adjustment of
status.
3. I have
an expired student visa over 6 months. How do I get my status
back or extend my student visa?
Generally,
student visas are issued a student visa with an indefinite
expiration time. Did you complete your studies? If so, then
you should be able to obtain a new I-20 from your academic
institution and renew your student visa in your home country.
During the last six months, if you have remained in the U.S.
without a valid visa, you are technically unlawfully present
in the United States and in danger of jeopardizing future visa
issuance.
4. What
are the requirements to get a visitors visa for my parents to
come and visit me in the USA?
Depending on
your parents' intention, they should be eligible to obtain a
visitors visa if they are gainfully employed in their country,
property owners, and financially sound. I would encourage you
to write a letter inviting them to visit you and ensure that
they have no intention of remaining in the U.S. Inevitability,
the consular officers have to be satisfied that your parents
have no immigrant intent.
5. How
much money I need to invest, what are the requirements to get
an investors visa and what type of business you
recommend?
The answer to
this depends on whether you wish to immigrate or simply wish
to be in the U.S. temporarily. The United States and
Bangladesh have a bilateral treaty for investment entered into
in 1989. There are two investor visas: One is of the
nonimmigrant sort, the E-2 visa, and two, is of the immigrant
type, the "green card." I'll focus on the
nonimmigrant one. The beauty of the E-2 nonimmigrant visa is
that the field of business is wide open to
applicant/investors. Essentially, an investor must be active
in the process of investing in a commercial enterprise. The
investment capital must be at risk, substantial and cannot be
marginal. It must also eventually create employment
opportunities. The investor must be entering to develop and
direct the investment. Also, the investor must be a national
of Bangladesh (or another E-2 treaty country). I cannot
recommend a business because I have seen clients engage in all
types of enterprises with varying degrees of success. To give
you some ideas, however, I have seen investors start retail
businesses, restaurants, export companies, real estate
development companies, and a car wash business.
6. I went
to apply for a visitor visa at the US embassy in Bangladesh
and my application was denied at this time. When can I go back
and re-apply for a visa?
I suspect you
were probably denied a visitor visa for having immigrant
intent. It is very difficult to convince a consular officer
that you do not wish to immigrate to the United States. I
would suggest waiting at least six months before reapplying
for another visa. The next time you apply, however, I will
suggest that you demonstrate significant ties in your home
country, such as employment, bank accounts, property,
immediate family, and the like.
7. I got
political asylum granted in USA. How can I bring my wife and
two children to live here with me?
In general, a
person granted refugee status or political asylum may apply
for permanent residence in the U.S. after one year. Your
family will be afforded derivative asylum status if the family
relationship existed prior to the asylum approval. You may do
this by filing INS form I-730 with the Nebraska Service Center
within two years of the asylum grant.
8. I’m
a green card holder. I came to Bangladesh in June 1999. How
can I go back to the US after been so long outside the
country? Can I go back even though I never ask for a
permission to leave the country for more than one year?
If you left the
U.S. for more than one year without a re-entry permit, you
have unfortunately abandoned your lawful permanent residence.
You will have to reapply for residence. In the meantime if you
wish to visit the U.S., you will have to obtain a nonimmigrant
visa to enter legally.
9. Can I
go to the US to get medical treatment and for how long?
Apply for a
visitor's visa demonstrating a bona fide medical need and no
intention to remain in the United States after treatment is
complete.
10. I’m
a Nurse in Bangladesh. How can I get a sponsor to come and
work in the United States of America?
Obtaining a
sponsor is the same as finding an employer or agency, who wish
to employ you. There are a number of regional nursing agencies
as well as hospitals willing to "sponsor" you.
Narrow your search by geography and then start with the
obvious tools such as the internet or referrals from friends
and colleagues.
11. I was
deported three years ago. I was a student in California and my
visa was expired two years ago. I went to Mexico with friends
and I was detained by the border patrol in San Ysidro. I
didn’t have any family or wife or nothing and I agreed to
get voluntary departure. Now I want to go back to the US to
finish my education. What do I need to do?
If you were
stopped at the border and you did not appear before an
immigration judge, then the "voluntary departure"
you refer to is simply a withdrawal of your application for
admission. In any case, you were not deported. You must now
apply for a visitor visa in your home country.
12. My
mother live in Bangladesh. Can I sponsor my mom even though
I’m still a resident?
No. Only a U.S.
citizen may sponsor a parent.
13. I got
an F-1 visa, I’m visiting my family in Dhaka and now I want
my wife to come with me to the US when I go back. What I need
to do in order to get my wife a visa?
Simply apply
for a visa. She is entitled to received an F-2 visa as your
spouse. Demonstrate that your wife is indeed your wife with a
valid marriage certificate. Good luck!
If you should seek immediate legal assistance, please contact
directly the
Law Offices of Kevin C. Guanaga, Esq.
E-mail: emigrator@earthlink.net
Tel. (305) 595-3784
Fax (305) 595-4648
Disclaimer
Submit
Your Questions:
immigration@webbangladesh.com
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