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Green Card Application for Children of U.S. Citizens and Green Card Holders

Green Card Application for Children of U.S. Citizens and Green Card Holders

By Asim Kilinc, Immigration Attorney at CK Law Firm

The United States immigration system allows U.S. citizens and Green Card holders to apply for lawful permanent residency (Green Card) for certain family members, facilitating family reunification. Among these family members, U.S. citizens and Green Card holder parents can apply for a Green Card on behalf of their children. However, the application process varies based on factors such as the child’s age, marital status, and the parent’s citizenship status.

In this article, we will explore how U.S. citizen and Green Card holder parents can apply for a Green Card for their children and the important details of the process.

  • Green Card Application for Children of U.S. Citizen Parents
  • Green Card Application for Children of Green Card Holder Parents
  • Required Documents for Green Card Application
  • Key Considerations During the Application Process

If you have further questions regarding this topic, feel free to reach out through the comment section below, message me directly on LinkedIn, or contact me via the CK Law Firm Immigration Attorney Firm’s website.

Green Card Application for Children of U.S. Citizen Parents

U.S. citizens enjoy certain advantages when applying for a Green Card for their children. These advantages include a typically faster application process and fewer restrictions. Children of U.S. citizens are divided into three categories based on their age and marital status:

1. Unmarried Children Under 21 (Immediate Relative Category)

A U.S. citizen parent can apply directly for a Green Card for their unmarried children under the age of 21. These applications fall under the “Immediate Relative” category, which is not subject to annual numerical limits. This leads to a faster application process with generally shorter waiting times.

Application Process: To apply under this category, the U.S. citizen parent must submit Form I-130 (Petition for Alien Relative) to U.S. Citizenship and Immigration Services (USCIS). Once USCIS approves the petition, the National Visa Center (NVC) takes over to initiate the visa process. If the child is outside the U.S., an immigrant visa application will be made through the U.S. Embassy or Consulate. If the child is in the U.S., they can complete the process by filing for adjustment of status.

2. Unmarried Children Over 21

U.S. citizen parents can also apply for a Green Card for their unmarried children over the age of 21. However, these applications fall under the “Family Preference Category” and are subject to annual numerical limits, which may result in longer waiting times. Children in this group are classified under the “First Preference Family Category (F1).”

Application Process: The U.S. citizen parent begins the process by filing Form I-130 with USCIS. Once approved, the child can either apply for adjustment of status if in the U.S. or apply for an immigrant visa through consular processing if outside the U.S. The priority date is crucial in these applications, as the NVC processes cases based on the date when the application was filed.

3. Married Children

U.S. citizen parents can also apply for a Green Card for their married children. These applications fall under the “Third Preference Family Category (F3)” and usually involve longer waiting times, as both the child, their spouse, and any unmarried children under 21 are included in the application.

Application Process: Form I-130 must be submitted to initiate the process. However, due to the annual numerical limits for this category, the waiting period may be extended. Married children can include their spouse and unmarried children under 21 in the application.

Green Card Application for Children of Green Card Holder Parents

Green Card holders (lawful permanent residents) can also apply for a Green Card for their unmarried children. However, they cannot file applications for their married children. Green Card holder parents are divided into two categories when applying for their children:

1. Unmarried Children Under 21

Green Card holders can apply for their unmarried children under the age of 21 under the “Second Preference Family Category (F2A).” Although this category takes longer than applications for U.S. citizens’ children, it still prioritizes unmarried children.

Application Process: The parent must file Form I-130 with USCIS. If the child is in the U.S., they may apply for adjustment of status, while those outside the U.S. will undergo consular processing at a U.S. Embassy or Consulate.

2. Unmarried Children Over 21

Green Card holders can also apply for their unmarried children over the age of 21 under the “Second Preference Family Category (F2B).” The processing time for these applications depends on the priority date.

Application Process: The parent files Form I-130, and the NVC processes the application based on the priority date. The waiting period in the F2B category is generally longer than in F2A, so applicants must be patient.

Required Documents for Green Card Application

As with any Green Card application, parents of U.S. citizens or Green Card holders must submit specific documents when applying for their children. Here are the key documents required for the process:

  • Form I-130: The petition form submitted by the U.S. citizen or Green Card holder parent.
  • Birth Certificate: To prove the parent-child relationship.
  • Marriage Certificate (if applicable): To prove the parent is the child’s legal guardian.
  • Proof of U.S. Citizenship: If the parent is a U.S. citizen, proof such as a birth certificate, citizenship certificate, or passport must be provided.
  • Copy of Green Card: If the parent is a Green Card holder, a copy of their Green Card must be included.

Key Considerations During the Application Process

  • Complete Form I-130: It is crucial to fill out Form I-130 accurately and completely to avoid delays or denials.
  • Waiting Periods: Applications for married children and unmarried children over 21 may take longer due to numerical limits. The priority date plays a significant role in processing.
  • Immigrant Visa: If the child is living outside the U.S., they must apply for an immigrant visa through the consular process once the petition is approved.

Conclusion

U.S. citizens and Green Card holder parents can apply for a Green Card on behalf of their children, with the process varying based on the child’s age and marital status. Ensuring that all required documents are submitted accurately is crucial for a smooth process. For professional assistance and detailed advice, feel free to contact us at cklawfirm.org or via info@cklawfirm.org.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

A Re-entry Permit is a travel document issued to individuals who hold permanent residency (green card) in the United States (US) and need to stay outside the US for more than one year. Green card holders who remain outside the US for extended periods risk jeopardizing their permanent residency status. US Customs and Border Protection (CBP) officers may determine that individuals who stay outside the US for long periods no longer intend to live permanently in the US, and they may revoke their green card. To avoid this, the Re-entry Permit helps green card holders maintain their legal status when they need to be abroad for work, education, health, or personal reasons.

  • Why is a Re-entry Permit Necessary?
  • Benefits of a Re-entry Permit
  • How to Apply for a Re-entry Permit
  • Important Considerations about the Re-entry Permit
  • Frequently Asked Questions About Re-entry Permits

If you have any additional questions on this topic, feel free to reach out through the comments section below this article, message me directly via LinkedIn, or contact me through CK Law Firm’s website, where I am a co-founder.

Why is a Re-entry Permit Necessary?

The US requires individuals with permanent residency to maintain their primary residence within the US. However, in some cases, green card holders may need to travel abroad for an extended period. For example:

  • Employment: A green card holder may receive a job offer to work in another country or may be temporarily assigned overseas by their company.
  • Education: A permanent resident student may participate in a study program or engage in a long-term research project abroad.
  • Health: An individual may need to receive medical treatment in another country.
  • Family Reasons: One may need to assist family members or stay abroad for family-related reasons.

In these situations, a Re-entry Permit allows you to remain outside the US for an extended period without losing your permanent residency status. If you plan to stay outside the US for more than one year, applying for a re-entry permit will help secure your status.

Benefits of a Re-entry Permit

  • Protecting Your Green Card: Staying outside the US for extended periods can put your permanent residency status at risk. A Re-entry Permit reduces this risk and secures your right to return to the US.
  • No Negative Impact on Citizenship Applications: Traveling outside the US with a Re-entry Permit does not negatively affect your future US citizenship application, as this document is considered consistent with the intent to maintain permanent residence.
  • Multiple Uses: The Re-entry Permit is valid for two years, during which you can travel multiple times. This is advantageous for individuals who need to travel frequently abroad.
  • Visa Convenience: In some countries, a Re-entry Permit may offer visa exemptions or simplify visa applications. However, since this doesn’t apply to all countries, it’s essential to check the visa requirements of the country you plan to visit before traveling.

How to Apply for a Re-entry Permit?

The Re-entry Permit application process must be carefully followed, and all necessary documents should be completed. Here’s a step-by-step guide to the process:

Complete Form I-131

To obtain a Re-entry Permit, you must complete Form I-131, Application for Travel Document. This form is used by individuals with permanent residency in the US to obtain travel documents that allow them to re-enter the US after traveling abroad.

Where Can I Find Form I-131? You can download Form I-131 from the official USCIS website. Make sure to fill out the form carefully and provide accurate information.

Where Should the Application Be Submitted? You must mail the completed form and required documents to USCIS. You cannot submit your application while outside the US; you must be physically present in the US at the time of application.

Prepare the Required Documents

The following documents are typically required during the application process:

  • Green Card (Form I-551): A copy of your valid permanent residency card (green card).
  • Passport Copy: A copy of the identification page of your valid passport.
  • Documents Explaining the Purpose of Travel: For example, if you’re traveling for work, provide your employment contract, or if traveling for education, provide your acceptance letter.
  • Biometrics: Two passport-sized photos.

Application Fees

The Re-entry Permit application fee is paid when completing Form I-131. As of 2024, the application fee is approximately $575, but this amount may change over time. Be sure to check the current fees on the USCIS website. Additionally, you will need to pay an extra fee for the biometrics process (around $85).

Biometrics Appointment (Fingerprinting and Photos)

After submitting your application, USCIS will schedule a biometrics appointment where they will take your fingerprints and photograph. Biometrics is necessary to verify your identity as part of the application process.

Application Processing and Outcome

After completing the biometrics appointment, your application will be reviewed by USCIS. The processing time usually takes up to 6 months. If approved, your Re-entry Permit will be mailed to your address.

Re-entry Permit Validity

A Re-entry Permit is typically valid for two years. During this time, you can stay outside the US for extended periods. However, you must return to the US before the permit expires or apply for a new Re-entry Permit. If you still need to remain abroad after two years, apply for a renewal before the expiration date.

Important Considerations about the Re-entry Permit

When Is a Re-entry Permit Necessary? If you plan to stay outside the US for more than one year, you must apply for a Re-entry Permit. If you stay outside the US for more than 6 months, you may also be subject to additional questioning by customs officers, so it’s essential to plan your travels carefully.

Can You Apply While Outside the US? No, you must be physically present in the US when applying for a Re-entry Permit.

Renewal Requirement: A Re-entry Permit is valid for two years. If you continue to remain outside the US, you must reapply for a new permit before the current one expires.

Frequently Asked Questions About Re-entry Permits

  1. Is it mandatory to get a Re-entry Permit?
    No, it’s not mandatory. However, it’s highly recommended for green card holders who plan to stay abroad for extended periods, especially those staying more than one year.
  2. How long does the application process take?
    Re-entry Permit applications typically take 3 to 6 months to process. However, processing times may vary based on USCIS workload and individual circumstances.
  3. Can a Re-entry Permit application be denied?
    Yes, your application can be denied. Common reasons include incomplete or incorrect information, failure to provide required documents, or not meeting USCIS criteria.
  4. How long can I stay outside the US with a Re-entry Permit?
    A Re-entry Permit is generally valid for 2 years. You can stay outside the US during this period, but you must renew the permit before it expires if you need to remain abroad longer.
  5. Does a Re-entry Permit affect US citizenship applications?
    No, a Re-entry Permit does not directly affect your US citizenship application. However, time spent outside the US may not count towards the physical presence requirement for citizenship. Prolonged absences could delay your eligibility for citizenship.

Conclusion

A Re-entry Permit is a vital document for green card holders who need to stay outside the US for extended periods. Whether for work, education, health, or family reasons, applying for a Re-entry Permit ensures that your legal status remains intact. At CK Law Firm, we offer guidance and legal consultation during the Re-entry Permit application process. For professional support, detailed information, or to schedule a consultation, feel free to contact us through our website at cklawfirm.org, email us at info@cklawfirm.org, or reach out via LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

Assoc. Prof. Dr. Koray Basdelioglu

The EB-2 National Interest Waiver (NIW) visa is a popular option among academics and doctors seeking to advance their careers in the United States. In this article, we feature an interview conducted by CK Law Firm co-founder Attorney Ergül Çeliksoy with Associate Professor Dr. Koray Başdelioğlu, who successfully obtained the EB-2 NIW visa. His journey and decisions will provide valuable insights into the steps and challenges you may face during the EB-2 NIW application process.

By reading this article, you will gain detailed information on the following topics:

  • Associate Professor Dr. Koray Başdelioğlu’s career
  • The advantages of the U.S. compared to Germany and the U.K.
  • The process of applying for the EB-2 NIW visa
  • How to determine your contributions to the U.S. for the EB-2 NIW visa
  • The importance of professional support in the EB-2 NIW application process
  • What happens after submitting the EB-2 NIW application and the waiting period

Attorney Ergül Çeliksoy: We receive many questions about the EB-2 NIW visa, especially from academics and doctors. Hearing the process from someone who has been approved will surely be helpful. Could you tell us a bit about yourself?

Associate Professor Dr. Koray Başdelioğlu: Of course. I am a specialist in orthopedics and traumatology. I completed my residency in 2016, and since then, I have been actively working in this field for about 7-8 years. The idea of working abroad has been on my mind for a long time, but the decision-making process was difficult. I eventually decided to pursue my career in the U.S., and that’s how we met.

Attorney Ergül Çeliksoy: Choosing the U.S. is interesting since many doctors also consider countries like Germany or the U.K. Why did you choose the U.S.?

Associate Professor Dr. Koray Başdelioğlu: I never considered Germany because learning German felt challenging to me. I seriously looked into the U.K., but I realized there were more opportunities in the U.S. The U.S. offered more options for advancing my career, and after researching with a friend, we concluded that the U.S. was the best option for me.

Attorney Ergül Çeliksoy: How did you decide on the EB-2 NIW visa? Where did you hear about it, and how did your application process go?

Associate Professor Dr. Koray Başdelioğlu: A close friend of mine applied for the EB-2 NIW visa and told me about it. This led me to start my research. At first, I thought I could handle the application process myself, but I quickly realized it was too detailed and technical, so I decided to work with a lawyer. That’s when I reached out to you, and we started the process. Honestly, you were always available whenever I needed assistance, which made the process much easier for me.

Attorney Ergül Çeliksoy: In this visa process, your contributions to the U.S. play a crucial role. What steps did you take in this regard? How did we determine your contributions to the U.S. in your application?

Associate Professor Dr. Koray Başdelioğlu: My professional experience played a significant role in the application. I plan to work in orthopedics in the U.S. and conduct research in molecular oncology. I am currently pursuing a PhD focused on tumors and aim to contribute to the U.S. both financially and scientifically through further research. These plans were critical in my visa application.

Attorney Ergül Çeliksoy: For doctors, exams like the USMLE are important prerequisites to practice in the U.S. How has your experience been with these exams?

Associate Professor Dr. Koray Başdelioğlu: I haven’t taken the USMLE exams yet, but I’m currently preparing for them. Completing these exams before going to the U.S. is essential to accelerate the process. However, passing these exams is not a requirement for the EB-2 NIW visa. After obtaining the visa, I will need to complete these exams to practice in the U.S.

Attorney Ergül Çeliksoy: Finally, what advice would you give to others considering this visa? What should they focus on to make the application process smoother?

Associate Professor Dr. Koray Başdelioğlu: The decision-making stage is the hardest part. Once you’ve decided to pursue this path, it’s important to act quickly. Additionally, professional legal assistance is essential in this process. Preparing and presenting the application correctly is critical; otherwise, there is a risk of denial, which can be very disappointing. Getting professional help minimizes these risks.

Conclusion:

The EB-2 National Interest Waiver visa offers excellent opportunities for successful academics and doctors looking to advance their careers in the U.S. The experiences shared by Associate Professor Dr. Koray Başdelioğlu provide valuable insights for those considering applying for the EB-2 NIW visa. If you’re thinking about continuing your career in the U.S. under this visa, you can contact CK Law Firm’s expert attorneys for professional support. You can also read detailed blog posts on our website or watch videos on our YouTube channel for more information.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

Who is Assoc. Dr. Koray Başdelioğlu?

Orthopedics and Traumatology specialist Assoc. Dr. Koray Başdelioğlu completed his medical education at Bülent Ecevit University in 2009. Between 2011-2016, he received his specialty training at Balıkesir University Faculty of Medicine, Department of Orthopedics and Traumatology and became an Orthopedics and Traumatology specialist in 2016. In 2021, Koray Başdelioğlu, who received the title of Associate Professor, worked on Orthopedic Oncology with Prof. Dr. Pietro Ruggieri in October and November 2021 at the Department of Musculoskeletal System Tumors, Faculty of Medicine, University of Padova, Italy. In the same year, he worked in the field of Orthopedic Oncology with Prof. Dr. Bülent Erol at Marmara University for 6 weeks. She is also continuing her PhD education in Molecular Oncology at Istinye University Institute of Health Sciences.

Currently, he is a member of “Turkish Orthopedics and Traumatology Association (TOTBİD)”, “Turkish Orthopedics and Traumatology Education Council (TOTEK)”. Assoc. Dr. Koray Başdelioğlu serves his patients at Izmir Medicana International Hospital.

By Asim Kilinc, Immigration Attorney at CK Law Firm

For internationally trained doctors seeking a medical license in the U.S., the process is complex and multi-phased. However, with the right steps, international medical graduates (IMGs) can establish themselves in the U.S. healthcare system. In this article, we will cover the pathways for IMGs to obtain a medical license in the U.S. We will focus on two main routes: Graduate Medical Education (GME) and the “Eminence” pathways available for distinguished doctors.

  • Graduate Medical Education (GME)
  • Eminence Pathways
  • Recent Developments

If you have any questions beyond the ones covered in this article, please feel free to reach out to me through the comments section below, send me a message directly on LinkedIn, or contact me through the CK Law Firm Immigration Law Firm website, where I am a co-founder!

1. Graduate Medical Education (GME)

The most common path for international medical graduates to obtain licensure in the U.S. is through completing the steps of the U.S. Medical Licensing Examination (USMLE) and joining an ACGME-accredited GME program. This program is critical for doctors to adapt to the U.S. healthcare system and pursue a successful career in the country.

Training Process:

GME programs typically last between one to three years. During this period, doctors gain in-depth knowledge of the U.S. healthcare system, medical practices, and societal norms. They also receive training on common diseases in the U.S., including treatments for heart disease, cancer, and other health conditions. The GME program is an essential step in preparing doctors for their professional careers in the U.S.

ECFMG Certification:

To practice medicine in the U.S., international medical graduates must obtain certification from the Educational Commission for Foreign Medical Graduates (ECFMG). The ECFMG certification verifies that an international medical graduate is qualified to practice medicine in the U.S. It is a critical step for doctors who wish to obtain a medical license in the U.S. This certification is also a prerequisite for applying to GME programs in the U.S.

USMLE Exam:

The U.S. Medical Licensing Examination (USMLE) is a three-step exam that assesses the medical knowledge and skills of doctors. The USMLE is mandatory for any doctor seeking a U.S. medical license. The three steps of the exam are as follows:

  • USMLE Step 1: Focuses on basic medical sciences.
  • USMLE Step 2: Assesses clinical knowledge and skills.
  • USMLE Step 3: Evaluates practical application of medical knowledge.

Successfully completing these exams is a significant step for doctors and grants them the right to apply for residency programs.

2. “Eminence” Pathways

For internationally renowned and distinguished doctors, the “Eminence” pathways offer an alternative route to obtaining a U.S. medical license. This option is particularly appealing to doctors who have achieved significant success in academia or research.

Qualified Options:

Eminence pathways generally do not require completion of the ECFMG certification or USMLE exams. This route provides an opportunity for highly qualified, internationally recognized doctors. Those planning to apply for academic or research positions in the U.S. should consider this option.

Academic and Research Positions:

The Eminence pathway is ideal for doctors focused on academic and research roles. This route provides opportunities to work in U.S. research institutions or universities. Doctors can concentrate on academic work and research without engaging in clinical practice in the U.S.

O-1 Visa:

Doctors following the Eminence path may apply for the O-1 visa, which is issued by the U.S. Department of State to individuals with extraordinary abilities. The O-1 visa allows internationally recognized doctors to work in the U.S. It is typically granted based on academic achievements, publications, awards, and international recognition.

Recent Developments

Significant changes have occurred in the U.S. medical licensing process. As of 2023, eight U.S. states have passed new laws allowing international medical graduates to obtain licensure without completing a GME-accredited program. These new regulations aim to facilitate the integration of international medical graduates into the U.S. healthcare system.

This development presents new opportunities for international doctors and makes the U.S. medical licensure process more accessible. Since each state may have different licensing requirements, it is essential for applicants to carefully review the regulations in the state where they intend to practice.

Conclusion

There are two main paths available to internationally trained doctors seeking a medical license in the U.S.: Graduate Medical Education (GME) and the Eminence pathways. Both paths offer various opportunities and challenges. It is crucial to meet the legal requirements correctly during the integration process into the U.S. healthcare system. At CK Law Firm, we provide you with legal counsel and comprehensive guidance to help you achieve your goal of building a career as a doctor in the United States. By accurately determining the appropriate visa type, we ensure that the entire process is completed smoothly and successfully.

For professional support, detailed information, and legal consultation services, you can contact us at cklawfirm.org, via email at info@cklawfirm.org, or reach out to us on LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

Source: https://www.fsmb.org/siteassets/AdditionalLicensingPathwaysGuidance.pdf

By Asim Kilinc, Immigration Attorney at CK Law Firm

The H-1B visa is one of the most sought-after types of visas for foreign professionals looking to work in the United States. Designed for individuals seeking employment in specialized fields, the H-1B offers temporary work and residency permits in the U.S. However, due to the annual cap on H-1B visas, not every applicant has the chance to be selected. In this article, we’ll explore effective strategies and steps to increase your chances of being selected in the H-1B quota:

  • Overview of the H-1B Visa
  • Timely and Complete Application: The First Step to Success
  • Increase Your Chances by Working in STEM Fields
  • Submit Accurate and Complete Information in Your Application
  • Consider Alternative Visa Options

If you have any further questions about this topic, feel free to contact me through the comments section of this blog, message me directly on LinkedIn, or reach out via the website of CK Law Firm, which I co-founded!

1. Overview of the H-1B Visa

The H-1B visa is a temporary work visa granted to qualified foreign workers seeking employment in the U.S. It is often used by U.S. employers in technology, engineering, science, finance, and other professional sectors to hire foreign talent. To apply for an H-1B visa, the applicant must be sponsored by a U.S. employer.

The H-1B visa is subject to an annual cap. The total annual cap is 85,000 visas, with 65,000 available for general applicants and 20,000 reserved for those with a U.S. master’s degree or higher. Applications open in April each year, and due to high demand, a random lottery system is used to determine who can proceed with the full application.

2. Timely and Complete Application: The First Step to Success

Timing is critical when applying for the H-1B visa. The application process opens every April, and the slots fill up quickly. As of 2023, the electronic registration process begins in March, giving employers the chance to prepare applications in advance for a competitive edge.

Steps in the Application Process:

  • Electronic Registration: The first step is for your employer to submit your H-1B registration electronically. This process occurs in March and lasts only a few weeks. The employer must register the prospective employee through the system and enter the lottery.
  • Lottery Process: In April, USCIS (U.S. Citizenship and Immigration Services) conducts a random lottery. If your registration is selected, you will move to the next stage.
  • Application Preparation: Once selected in the lottery, your employer must complete your H-1B application. Preparing the application thoroughly and accurately is crucial.

Tips:

  • Make sure your employer is ready for the electronic registration by March.
  • Prepare your documents in advance to expedite the process.
  • Ensure that your employer submits all required documentation accurately to USCIS.

3. Increase Your Chances by Working in STEM Fields

There is a high demand for talent in the U.S. in the fields of science, technology, engineering, and mathematics (STEM). As a result, STEM graduates may have a better chance of being selected for an H-1B visa. Additionally, there are extended work authorizations (OPT) and extra advantages available for STEM graduates.

Advantages for STEM Professionals:

  • STEM graduates often have a higher acceptance rate for H-1B applications compared to other professions.
  • Those with a U.S. master’s degree or higher can benefit from the additional 20,000 spots in the master’s cap, increasing their chances of selection.
  • Through OPT (Optional Practical Training) extensions, STEM workers can apply for the H-1B lottery multiple times.

Tips:

  • If you hold a STEM degree, highlight this advantage in your H-1B application.
  • Explain to your employer how your STEM degree can enhance your H-1B prospects.
  • If you are studying in a STEM field, make sure to use your OPT period wisely before applying for the H-1B visa.

4. Submit Accurate and Complete Information in Your Application

The accuracy of the documents submitted during the H-1B application process significantly affects the chances of approval. USCIS carefully examines the application package, and any missing or incorrect information can lead to rejection. It is crucial that all documents are submitted thoroughly and accurately.

Documents to Focus On:

  • The employer must file a Labor Condition Application (LCA) correctly and obtain approval.
  • The applicant must provide complete documentation of their education and professional background, including diplomas, transcripts, work experience certificates, and resumes.
  • The employer’s job offer letter must reflect a position that is appropriate for the applicant’s qualifications and corresponds to the U.S. labor market.

Tips:

  • Ensure your application package is complete and accurate. Mistakes or missing information can result in rejection.
  • Include all documents that support your education and work experience in your application package.
  • Ensure your employer completes the LCA application correctly and obtains the necessary approval.

5. Consider Alternative Visa Options

Although tens of thousands of applications are filed each year, not being selected in the H-1B lottery is a real possibility. However, other visa types can also provide opportunities to work in the U.S. Evaluating alternative visa options may open different doors for those looking to work in the U.S.

Alternative Visas:

  • L-1 Visa: For employees of multinational companies who hold managerial or specialized knowledge positions and are transferring to a U.S. branch.
  • O-1 Visa: For individuals with extraordinary ability in arts, sciences, sports, education, or business. If you have significant achievements in your field, you may be eligible for this visa.
  • TN Visa: Available to Canadian and Mexican nationals under NAFTA for specific professional roles.

For more information about these visas, check out our articles in the blogs section!

Tips:

  • If you are not selected in the H-1B lottery, explore other visa options with your employer.
  • Consult with an immigration attorney to see if other visa types may apply to your situation.

Conclusion

To increase your chances of being selected in the H-1B quota, it’s critical to submit a timely and accurate application, work in STEM fields, provide complete documentation, seek professional advice, and consider alternative visa options. By following these strategies, you can enhance your chances of success in your U.S. employment journey. For professional support and detailed information, feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is renowned for his expertise in immigration law and U.S. asylum applications. He completed his Master of Laws at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar. Attorney Kılınç has focused extensively on U.S. immigration law, contributing significantly to the firm’s success in this field.

With experience handling over 1,000 cases, Attorney Kılınç provides comprehensive legal support to help clients adapt to life in the U.S. He is also highly knowledgeable in U.S. asylum applications, guiding clients through the process and ensuring they receive the best legal advice. Attorney Kılınç offers top-notch services in citizenship, Green Card applications, work permits, and more, supporting clients through all stages of their immigration journey.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

A security clearance is a process conducted to review the background of individuals applying for immigration or a visa to the United States. The U.S. government conducts this investigation to ensure national security and prevent the entry of individuals who may have the potential to engage in illegal activities.

  • What Is a U.S. Security Clearance and Why Is It Conducted?
  • Which Applications Are Subject to Security Clearance?
  • What Does It Mean to Be Subject to a Security Clearance?
  • Why Are Applicants Subject to a Security Clearance?
  • What Happens During the Security Clearance Process?
  • What Should You Do If You Are Subject to a Security Clearance?
  • How Long Does It Take for the Security Clearance to Be Concluded?
  • What Are the Outcomes of a Security Clearance?

If you have any further questions about this topic, don’t hesitate to leave a comment below, message me directly on LinkedIn, or reach out to me via the CK Law Firm Immigration Law Office website, where I am a co-founder!i

What Is a U.S. Security Clearance and Why Is It Conducted?

A U.S. security clearance is a process where the backgrounds of applicants are carefully scrutinized before they enter the United States. The purpose of this clearance is to protect U.S. national security and ensure that individuals entering the country do not pose a security risk. During the immigration process, the background of applicants is reviewed to assess any potential links to terrorism, criminal history, or involvement in illegal activities. This is part of the U.S. policy to safeguard both international agreements and domestic security.

Which Applications Are Subject to Security Clearance?

Security clearance may apply to those seeking to enter the U.S. on various visas or through immigration status. The main categories include:

  1. Visa Applications: Everyone applying for non-immigrant visas (such as tourist, student, or work visas) or immigrant visas (such as Green Card applications) is subject to a security clearance.
  2. Green Card Applications: Those applying for permanent residency (Green Card) undergo a thorough security clearance process.
  3. Citizenship Applications: The backgrounds of those applying for U.S. citizenship are thoroughly reviewed to detect any crimes committed during their stay in the U.S. or any activities that might pose a threat to the country’s security.
  4. Work Visas: Applicants for employer-sponsored visas such as H-1B, L-1, and O-1 are subject to security clearance. Their professional background and activities in the U.S. are also reviewed.
  5. Refugee and Asylum Applications: Security checks are conducted meticulously for those seeking asylum or refugee status in the U.S., ensuring the accuracy of the information provided by the applicant within the framework of intergovernmental security agreements.

What Does It Mean to Be Subject to a Security Clearance?

Being subject to a security clearance means that further investigation is required regarding an individual’s background during their visa, Green Card, or citizenship application. If there are suspicious activities, criminal records, or violations of immigration rules in the applicant’s history, the approval process may be delayed. In this case, a thorough investigation will be conducted to assess whether the application poses a security risk.

Why Are Applicants Subject to a Security Clearance?

Several factors can trigger a security clearance for an applicant, including:

  1. Criminal Records: Past crimes, especially violent offenses, fraud, or drug trafficking, can trigger a security clearance.
  2. Terrorism Links: Any connection to terrorist organizations can raise suspicion and lead to a security clearance.
  3. Immigration Violations: Individuals who have previously overstayed in the U.S., violated visa conditions, or used false documents in their applications may face security clearance.
  4. Military or Security Work: Applicants who have worked in the military or security sectors in their home country may require additional investigation, as the U.S. government may want to review their ties to other governments.
  5. Political or Religious Views: In some cases, an individual’s political or religious views may cause the government to examine the application more closely, especially if there are suspicions of involvement with radical or extremist movements.

What Happens During the Security Clearance Process?

When an application is flagged for security clearance, the processing time may be extended. Several federal agencies (such as the FBI, CIA, and DHS) conduct a comprehensive review of the applicant’s background. The process involves the following steps:

  1. Database Checks: The U.S. government scans the applicant’s name in various national and international databases. These checks may reveal criminal records, travel history, financial transactions, and connections to terrorist organizations.
  2. Interview and Additional Documents Request: In some cases, the applicant may be asked to provide additional documents or attend an in-person interview at the U.S. consulate. The interview is designed to clarify the applicant’s background and verify the information provided.
  3. In-Depth Investigations: If the applicant poses a security risk, a more comprehensive investigation may be launched, potentially extending the time for the application to be processed.

What Should You Do If You Are Subject to a Security Clearance?

Being subject to a security clearance is a common situation for applicants. Here are some important steps to take:

  1. Be Patient: The security clearance process can take time. Applicants should remain patient and regularly check the status of their applications.
  2. Submit All Documents Accurately: Providing all documents accurately and completely at the time of application can help speed up the process. It is crucial to avoid submitting false information or documents, as this can not only delay the process but also result in the rejection of the application.
  3. Provide Additional Information Quickly: If the U.S. government requests additional information, providing it quickly and accurately can help expedite the process. Applicants should submit the requested documents as soon as possible.

How Long Does It Take for the Security Clearance to Be Concluded?

The time it takes to conclude a security clearance varies depending on the applicant’s background, the documents submitted, and other factors. Typically, a security clearance can be completed within a few weeks to several months. However, if there are issues or suspicious circumstances in the applicant’s history, the process can be extended for months.

Common situations and average processing times include:

  1. Routine Applications: These are generally resolved within a few weeks to 2-3 months. These applications require no additional scrutiny, and the applicant’s background is clean.
  2. Additional Security Reviews: If the applicant has a criminal record, international travel history, or connections to U.S. security agencies, the review process can take 6 months or more. This is common for applications from countries considered high security risks.
  3. Refugee or Asylum Applications: Security clearance for these applications can take more than six months, depending on the applicant’s country and background. A thorough international review of the individual’s history is conducted.

What Are the Outcomes of a Security Clearance?

A security clearance can result in three possible outcomes:

  1. Approval: If the applicant is found to pose no threat, the application is approved, and a visa or Green Card is issued.
  2. Denial: If the applicant poses a security risk or has a criminal record, the application may be denied, preventing the individual from entering the U.S.
  3. Additional Review: In some cases, the applicant’s situation may require further investigation, which can prolong the application process.

Conclusion

Being subject to a security clearance is a common situation in U.S. immigration applications. Applicants should remain patient, provide accurate information, and seek assistance from an immigration attorney. At CK Law Firm, we provide the necessary legal support to applicants during the security clearance process. Seeking professional help is always the best approach to speeding up the process and ensuring a smooth application.

For professional support, detailed information, and consultation services, you can contact us via cklawfirm.org, info@cklawfirm.org, or connect with us on LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

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