Schedule an Appointment with Our Attorneys Now
By Asim Kilinc, Immigration Attorney at CK Law Firm
For foreign citizens who wish to begin living in the United States, various visa types are available. Among them, the K-1 fiancé visa and marriage visas (CR-1 and IR-1) stand out. Both visa types offer different processes and advantages for foreign nationals who wish to marry U.S. citizens or Green Card holders. In this article, we will comprehensively examine the application processes, advantages, and disadvantages of the K-1 fiancé and marriage visas:
- What is the K-1 Fiance Visa?
- K-1 Fiance Visa Application Process
- What is the Marriage Visa (CR-1/IR-1)?
- Marriage Visa Application Process
- Advantages of K-1 and Marriage Visas
- Disadvantages of K-1 and Marriage Visas
- Differences Between K-1 and Marriage Visas
If you have any additional questions, feel free to leave a comment below, send me a message on LinkedIn, or reach out via the CK Law Firm’s website!
What is the K-1 Fiance Visa?
The K-1 fiancé visa is a type of visa that a U.S. citizen can apply for to bring their fiancé(e) living abroad to the United States, where they must marry within 90 days. The purpose of the K-1 visa is to provide a fast solution for couples to reunite and marry in the U.S.
K-1 Fiance Visa Application Process
Preparing the Application:
Form I-129F: The U.S. citizen submits Form I-129F (Petition for Alien Fiancé(e)) to USCIS (U.S. Citizenship and Immigration Services). This form includes details about the engagement and personal information of both fiancés.
Supporting Documents: Evidence proving the engagement (photos, messages, vacation bookings) and documents showing the financial standing of the U.S. citizen petitioner (tax returns, pay stubs) should be attached.
USCIS Approval and Fiance Visa:
Application Review: USCIS reviews the application and either approves or denies it. Approved applications are sent to the U.S. Department of State.
Consulate Interview: The fiancé(e) is called for an interview at the U.S. Consulate. The authenticity of the relationship and the fiancé(e)’s background are questioned. Medical records, a criminal record, and other required documents must be submitted.
Entry into the U.S. and Marriage:
Visa Approval: Once the K-1 visa is approved, the fiancé(e) can enter the U.S. After arriving, the couple must marry within 90 days. Otherwise, the fiancé(e) must leave the U.S.
After Marriage: Once the marriage is completed, the couple can apply for a Green Card. The Green Card process is separate from the fiancé visa process.
What is the Marriage Visa (CR-1 / IR-1)?
The marriage visa is an immigrant visa granted to foreign nationals married to U.S. citizens or Green Card holders. The marriage visa allows the couple to move to the U.S. together and grants the foreign spouse permanent residency.
Marriage Visa Application Process
Preparing the Application:
Form I-130: The U.S. citizen or Green Card holder submits Form I-130 (Petition for Alien Relative) to USCIS. This form includes information about the marriage and the spouse’s personal details.
Supporting Documents: Proof of marriage (marriage certificate, photos) and documents proving the financial standing of the U.S. citizen petitioner (tax returns, bank statements) must be included.
USCIS Approval and Consulate Process:
Application Review: USCIS reviews the application and either approves or denies it. Approved applications are sent to the U.S. Consulate.
Visa Interview: The foreign spouse is called for an interview at the U.S. Consulate. The authenticity of the marriage and the spouse’s background are questioned. Medical records, a criminal record, and other required documents must be submitted.
Entry into the U.S. and Green Card:
Visa Approval: Once the marriage visa is approved, the spouse can enter the U.S. After arriving, they can apply for a Green Card. A conditional Green Card is granted for two years, and after this period, a permanent Green Card can be obtained.
Advantages of K-1 and Marriage Visas
- Advantages of the K-1 Fiance Visa:
- Faster Reunification: The K-1 visa allows couples to reunite more quickly. The post-marriage residency process progresses faster in the U.S.
- Better Planning: The K-1 visa offers couples the opportunity to plan their wedding and life together in the U.S.
- Advantages of Marriage Visas:
- Permanent Residency: The marriage visa grants permanent residency and work authorization for the foreign spouse. This allows long-term living and working in the U.S.
- Less Bureaucracy: The marriage visa application involves fewer bureaucratic procedures compared to the K-1 visa. The foreign spouse can apply directly for a Green Card upon entering the U.S.
Disadvantages of K-1 and Marriage Visas
- Disadvantages of the K-1 Fiance Visa:
- Time Limitation: The fiancé(e) must marry within 90 days of entering the U.S. If the marriage does not happen within this time, the fiancé(e) must leave the U.S.
- Additional Costs: The K-1 visa requires a separate Green Card application after marriage, which may result in higher overall costs.
- Disadvantages of Marriage Visas:
- Longer Process: The marriage visa process may take longer compared to the K-1 visa, potentially keeping couples apart.
- More Complex Procedure: The marriage visa process requires more documentation and interviews, making it more complex.
Differences Between K-1 and Marriage Visas
| FEATURE | K-1 FIANCE VISA | MARRIAGE VISA (CR-1 / IR-1) |
|---|---|---|
| Time | Shorter | Longer |
| Cost | Can be higher | Can be lower |
| Marriage Requirement | Must marry in the U.S. | Already married couples apply |
| Green Card Application | After marriage | Directly applies |
Conclusion
The K-1 fiancé visa and marriage visas are significant options for couples aiming to live in the U.S. Both visa types have different advantages and disadvantages. The K-1 visa allows couples to reunite faster, but may come with additional costs and time constraints. Marriage visas, on the other hand, offer permanent residency and less bureaucracy but may take longer to process. Choosing the most suitable visa type based on the couple’s needs and situation can be beneficial for both efficiency and cost. For detailed information and consultation services, 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 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 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 Authorization 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 this 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
- 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. - 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. - 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. - 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. - 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 Ozlem Kara, Content Editor at CK Law Firm
CK Law Firm’s content editor Özlem Kara and the founding partner of CK Law Firm, Ergül Çeliksoy, who has handled numerous J1 Visa cases, came together on Ekşi Sözlük to answer the most frequently asked questions about the J1 Visa. We would like to thank Mr. Ergül Çeliksoy for the enjoyable interview.
After reading our interview with Mr. Ergül, you will find answers to the following questions:
- What is a J1 Visa?
- Who Can Apply for a J1 Visa?
- What Are the Requirements to Apply for a J1 Visa?
- Where to Apply for a J1 Visa?
- How to Apply for a J1 Visa?
- What to Expect After Applying for a J1 Visa?
Hello, Mr. Ergül. We would like to know more about you and your career. Could you tell us about yourself?
Certainly. I completed my master’s degree in International Law and Human Rights Law at the University of Nottingham in 2017 and then began my Ph.D. studies at the same university. In 2022, I earned my Doctorate in Law from the University of Nottingham School of Law. I have gained international recognition through my publications, research, and articles in my field. I have handled many cases and now, with the experience I have gained, I provide effective and solution-oriented services to my clients at CK Law Firm, helping them start new lives.
What is a J1 Visa?
This visa is a type of exchange visa used for participating in educational, training, or cultural exchange programs in the United States. This type of visa is generally issued to students, researchers, teachers, and other exchange program participants who need to be in the U.S. for a specific period. J1 visa holders are expected to return to their home countries at the end of their program. This visa programs are administered by the U.S. Department of State and supported by specific sponsor organizations. This visa has several categories:
- J1 Trainee: Allows individuals with a certain university degree or expertise in a specific job to work in the United States.
- J1 Intern: A category that can be applied for by individuals who are still studying or have recently graduated.
- Work and Travel (WAT): A category used by university students in their home countries to work and travel in the U.S. during the summer period.
- Other J1 Categories: Categories that can be applied for by teachers, camp counselors, au pairs, physicians, and secondary school students.
Who Can Apply for a J1 Visa?
This visa can be applied for by:
- Undergraduate or graduate students,
- Academicians and researchers,
- Elementary, middle, and high school teachers,
- Interns and recent graduates,
- Au Pairs,
- Camp counselors,
- Students and professionals wishing to intern in the health sector.
What Are the Requirements to Apply for a J1 Visa?
Certain requirements must be met to apply for a this visa. Although these requirements vary depending on the visa type, there are some general requirements that must be met.
- REQUIREMENT 1: You must be accepted by an educational institution or exchange program in the United States.
- REQUIREMENT 2: You must be supported by a sponsor organization authorized by the U.S. Department of State.
- REQUIREMENT 3: Return Commitment: This visa generally requires you to stay in the U.S. for a specific period and return to your country at the end of your program. Therefore, you are expected to show your intent to return to your home country when your stay in the U.S. ends.
- REQUIREMENT 4: Two-Year Home Country Physical Presence Requirement: Some J1 visa holders are required to stay in their home country for at least two years after completing their program in the U.S. This rule applies particularly to government-funded programs or specific professions.
- REQUIREMENT 5: J1 visa holders must have health insurance. Healthcare in the U.S. can be costly, so it is important to obtain appropriate health insurance.
Where to Apply for a J1 Visa?
The application process for a J1 visa involves several steps and is carried out through sponsor organizations authorized by the U.S. Department of State and U.S. consulates or embassies.
How to Apply for a J1 Visa?
Let me explain step-by-step how to apply for a this visa:
- Finding a Sponsor Organization and Joining the Program
- Finding a Sponsor Organization: You must find a sponsor organization authorized by the U.S. Department of State for the J1 visa program. Sponsor organizations suitable for the program you want to join are listed on the U.S. Department of State’s website. Then, you need to apply for the program and receive approval.
- Obtaining the DS-2019 Form
- DS-2019 Form (Certificate of Eligibility for Exchange Visitor Status): The sponsor organization will provide you with the DS-2019 form after confirming your acceptance into the program. You need to complete this form.
- Paying the SEVIS Fee
- SEVIS (Student and Exchange Visitor Information System) Fee: After receiving the DS-2019 form, you must pay the SEVIS I-901 fee.
- Filling Out the DS-160 Form
- You must complete the DS-160 form, which is used for U.S. visa applications, online.
- Paying the Visa Application Fee
- You must pay the fee required for the visa application.
What to Expect After Applying for a J1 Visa?
After applying for and receiving approval for a this visa, you can enter the U.S. You are expected to comply with the laws and program requirements during your stay.
In conclusion, it is important to submit accurate information and documents at every stage of the application. For more information and support about the J1 visa, you can visit cklawfirm.org or contact me directly on LinkedIn.
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
There are multiple ways to enter, live, work, or settle in the United States today. In this article, I will address one of the most frequently asked questions I encounter: asylum applications for B1/B2 visa holders. Based on the hundreds of clients I have assisted with their cases, I believe this article will answer many of the questions that B1/B2 visa holders may have regarding the asylum process. By reading this post, you can find answers to the following questions:
- Can B1/B2 visa holders apply for asylum in the United States?
- What are the reasons for B1/B2 visa holders to apply for asylum?
- What steps should B1/B2 visa holders take when applying for asylum?
- Is there a specific deadline for filing an asylum application?
- What can applicants expect after submitting an asylum application?
- What should B1/B2 visa holders be aware of when applying for asylum?
- What can B1/B2 visa holders do if their asylum application is denied?
- Can B1/B2 visa holders work after applying for asylum?
- How long is the work permit valid after applying for asylum, and can you work anywhere with it?
- When can B1/B2 visa holders who have been granted asylum apply for a Green Card?
If you have any additional questions on the subject, please don’t hesitate to contact me through the comments section below this article, by sending a direct message on LinkedIn, or through the CK Law Firm Immigration Law Firm’s website, of which I am a co-founder.
Can B1/B2 Visa Holders Apply for Asylum in the United States?
Yes, B1/B2 visa holders can apply for asylum while they are in the United States. Although B1/B2 visa holders are in the U.S. temporarily, they may apply for asylum under certain conditions. To be granted asylum, the applicant must have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion if they were to return to their home country. Therefore, the right to apply for asylum depends on whether the individual’s situation meets these criteria.
What Are the Reasons for B1/B2 Visa Holders to Apply for Asylum?
B1/B2 visa holders can apply for asylum if they have a well-founded fear of persecution upon returning to their home country. This persecution can be based on the applicant’s race, religion, nationality, membership in a particular social group, or political opinion. The primary reasons for seeking asylum are:
- Race: Persecution based on race, such as facing discrimination or violence because of belonging to a specific ethnic group.
- Religion: Persecution based on religious beliefs, such as being unable to practice one’s faith freely or being threatened because of religious beliefs.
- Nationality: Persecution based on nationality, such as facing pressure due to citizenship or ethnic background.
- Membership in a Particular Social Group: Persecution due to belonging to a specific social group, such as sexual orientation, gender, social status, or family ties.
- Political Opinion: Persecution based on political opinions, such as being punished or oppressed for holding anti-government views or engaging in political activities.
Any of these reasons, or a combination thereof, may qualify an individual for asylum if they face persecution upon returning to their home country. People in such situations can seek protection in the United States by applying for asylum.
What Steps Should B1/B2 Visa Holders Take When Applying for Asylum?
The steps that B1/B2 visa holders should follow when applying for asylum include:
- Determining the Asylum Strategy: First, the applicant’s asylum strategy should be determined. This strategy is shaped based on the applicant’s situation and the reasons for seeking asylum.
- Evaluating the Acceptance/Denial Rates of the Asylum Office Where the Application Will Be Filed: The acceptance and denial rates of the asylum office where the application will be filed should be evaluated. This evaluation is essential in choosing the location for the application.
- Revising the Statement Written by the Client Based on the Asylum Reason: The statement written by the applicant based on their asylum reason should be carefully reviewed and revised. This statement forms the basis of the application and must include evidence supporting the applicant’s claim of persecution.
- Gathering the Necessary Documents for the Application: All necessary documents for the application should be gathered. These documents include the applicant’s identification documents, evidence of persecution in their home country, and other supporting documents.
- Preparing the Application: The application form (Form I-589) should be completed with the revised statement and gathered documents. This form is the foundation of the application and must be filled out accurately and completely.
- Final Review After the Application Is Prepared: After the application is completed, all documents and the application form should be reviewed one more time. At this stage, it is essential to check for any omissions or errors.
- Submitting the Application: The application form and supporting documents must be sent to USCIS. Timely and accurate submission of the application is crucial for the successful progress of the process.
- Preparing for the Interview: If the application is accepted, the applicant must prepare for the interview. The interview plays a significant role in the evaluation of the application, and the applicant must be well-prepared to explain their situation clearly.
- Interview and Evaluation Process: During the interview, the applicant’s situation will be thoroughly examined, and the validity of the application will be assessed. The evidence and statements provided by the applicant are of great importance in this process.
Is There a Specific Deadline for Filing an Asylum Application?
Yes, an asylum application is generally required to be filed within one year of entering the United States. However, there are some exceptions for applications that exceed this time limit. For example, if there has been a significant change or event that prevented the applicant from applying, this period may be extended. The applicant must document these changes or events with evidence. Therefore, for the application to be accepted, the time limit must be met, or special circumstances must be documented.
What Can Applicants Expect After Submitting an Asylum Application?
Applicants will undergo an interview during which the validity of the application and the credibility of the fear of persecution will be examined. During the interview, the applicant is expected to explain their situation in detail and answer the questions accurately. Additionally, further documents and evidence may need to be submitted during the application process. If the application is approved, the applicant will be eligible to apply for a Green Card.
What Should B1/B2 Visa Holders Be Aware of When Applying for Asylum?
Applicants must provide sufficient evidence to support their application. This evidence can include personal statements, witness testimonies, country condition reports, and other supporting documents. The completeness and accuracy of the evidence are crucial for the approval of the application. Additionally, the application form must be filled out carefully and correctly. Providing incorrect or incomplete information can lead to the rejection of the application or prolong the process.
What Can B1/B2 Visa Holders Do if Their Asylum Application Is Denied?
If an asylum application is denied, the case will be referred to immigration courts by the immigration officer. During this process, the asylum request will be re-evaluated by the U.S. Immigration Court. In court, the applicants may need to present new evidence and better explain their situation. Additionally, obtaining legal support is crucial for the success of the application process. The appeal process allows for the re-evaluation of the applicant’s situation and the correction of potential errors.
Can B1/B2 Visa Holders Work After Applying for Asylum?
Individuals who apply for asylum can apply for a work permit (Employment Authorization Document – EAD) 150 days after their application is accepted. A separate application must be submitted to USCIS to obtain a work permit. Obtaining a work permit helps the applicant to be economically independent and sustain their livelihood. During this process, the applicant must obtain the necessary documents and permits to work legally.
How Long Is the Work Permit Valid After Applying for Asylum, and Can You Work Anywhere With It?
The work permit (Employment Authorization Document – EAD) granted to individuals who have been granted asylum is valid for 5 years. After applying for the work permit, the EAD and Social Security Number (SSN) are sent together. This work permit allows the individual to work legally at any workplace in the United States. However, specific professions or industries may require additional licenses or certifications. The work permit holder must also meet these additional requirements. For more information on the work permit and renewal processes, please contact us.
When Can B1/B2 Visa Holders Who Have Been Granted Asylum Apply for a Green Card?
Individuals whose asylum applications are approved can apply for a Green Card (Permanent Resident Card) after one year. This process allows individuals to permanently reside in the United States and eventually apply for American citizenship. To apply for a Green Card, the necessary documents must be prepared, and an application must be submitted to USCIS. Once the Green Card application is approved, the applicant will have the right to live and work permanently in the United States.
Applying for asylum is a complex process, and each step must be carefully followed. The approval rate for asylum applications for individuals represented by an attorney is twice as high as those not represented by an attorney. Attorneys play a significant role in the asylum process; they provide expert support in preparing accurate and complete documents, making necessary preparations for the interview, and tracking important deadlines. Therefore, it is recommended that those considering applying for asylum work with an attorney. For more information and support, don’t hesitate to get in touch with me directly via LinkedIn, email me at info@cklawfirm.org, or visit the CK Law Firm Immigration Law Firm’s website!
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is known 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. He specializes in U.S. immigration law.
Attorney Kılınç has significantly contributed to CK Law Firm’s success in immigration law by applying his deep knowledge and experience in this area. He has played an active role in preparing over 1,000 cases related to immigration law and has proven his expertise. By offering comprehensive and professional legal support, he facilitates his clients’ adaptation to their new lives in the United States.
Kılınç also possesses extensive knowledge of U.S. asylum applications. He provides meticulous guidance to his clients throughout the process, ensuring they receive the best legal advice. From citizenship to Green Cards, work permits, and other immigration processes, he offers the highest quality service to his clients, supporting them from the start to U.S. citizenship.
Strengthening CK Law Firm’s leadership in immigration law and U.S. asylum applications, Attorney Asım Kılınç offers reliable and effective legal consultancy services, standing by his clients on their journey to establish a new life in the United States.
Subscribe to Our Newsletter
Subscribe to our newsletter to stay informed about the latest announcements and articles written by our attorneys on U.S. immigration processes.
Aout Us
Our experienced lawyers at CK Law Firm offer effective solutions for those who want to make new beginnings in the USA. We facilitate and accelerate your immigration process by providing consultancy on all visa types.
Our Services
Visas
Business Green Card
Family Green Card
US Citizenship
Talent and Performance Visas
Work Visas
Investor and Trader Visas
Address
All Rights Reserved by CK Law Firm.