By Ergul Celiksoy, Immigration Attorney at CK Law Firm
In the United States, the Social Security Number (SSN) is a critical component for personal identification and financial transactions. This number is essential for individuals who will work, pay taxes, or apply for social security benefits in the United States. In this post, we will explore who is eligible to obtain a Social Security Number and how the application process works:
- What is a Social Security Number?
- Who Can Obtain a Social Security Number?
- Application Process for a Social Security Number
- The Importance of the Social Security Number
- Alternatives for Those Unable to Obtain a Social Security Number
If you have additional questions, please feel free to reach out through the comments section below, send me a direct message on LinkedIn, or contact me through the website of CK Law Firm, the immigration law firm I co-founded!
What is a Social Security Number?
A SSN is a number used by the U.S. government to identify individuals. It is used for many important transactions, including social security benefits and tax filings. Additionally, employers, banks, and other financial institutions use this number to verify an individual’s identity.
Who Can Obtain a Social Security Number?
Several categories of individuals can apply for a SSN, typically divided into three main groups:
- U.S. Citizens:
- Individuals born in the U.S. or who have gained citizenship can obtain a Social Security Number from birth or after gaining citizenship. Those born in the U.S. can apply for this number with a birth certificate. For American citizens, the process is usually straightforward and is often completed shortly after birth.
- Permanent Residents (Green Card Holders):
- Green Card holders, who have the legal right to live and work in the U.S., can apply for a Social Security Number by contacting the Social Security Administration. Green Card holders need this number to find work and conduct banking transactions in the U.S.
- Temporary Work Permit Holders:
- Foreign nationals in the U.S. on temporary work visas such as H-1B, L-1, or E-2 may also apply for a Social Security Number. To apply, these individuals must have a valid work permit and be legally authorized to work in the U.S. and meet tax filing requirements.
Application Process for a Social Security Number
To obtain a Social Security Number, applicants must follow specific steps and prepare required documents. The application process includes the following steps:
Preparing Required Documents
Applicants must prepare the following documents to apply for a SSN:
- Identity Document: U.S. citizens must provide a birth certificate or passport. Foreign nationals must provide a valid passport or U.S. entry visa.
- Immigration Status Documents: Green Card holders must provide a copy of their Green Card, while those on temporary visas must present work authorization documents.
- Work Permit: Individuals on temporary work visas must have a valid work permit issued by U.S. Citizenship and Immigration Services (USCIS).
Submitting Application to the Social Security Office
Applicants must visit the nearest Social Security Administration (SSA) office to submit their application. During the process:
- Forms are Completed: The application form provided by the SSA must be filled out accurately. This form requests personal information, immigration status, and contact details.
- Documents are Submitted: The prepared documents must be submitted to the office. These documents are used to verify the applicant’s identity and immigration status.
- Identity Verification: The SSA office will check the validity of the documents and confirm the applicant’s identity.
- Processing the Application
Processing the application typically takes 2-4 weeks. During this time, the applicant will receive their Social Security card via mail. Once approved, the applicant can use the number for various transactions.
The Importance of the Social Security Number
The SSN is necessary for many essential processes in the U.S. Here are a few examples:
- Tax Filing: Social Security Numbers are used when filing income tax returns. Employers track their employees’ income and tax information using this number.
- Employment and Banking: The SSN is required for job applications, opening bank accounts, and applying for credit.
- Social Security Benefits: This number is used when applying for Social Security benefits. These benefits include retirement, disability, and survivor payments.
Alternatives for Those Unable to Obtain a Social Security Number
Not everyone may be eligible for a Social Security Number. Foreign nationals in the U.S. on temporary visas without work permits, or those on tourist visas, may consider alternative options:
- Individual Taxpayer Identification Number (ITIN): Those who cannot obtain a SSN can apply for an ITIN through the U.S. Internal Revenue Service (IRS). The ITIN is necessary for individuals who need to file a tax return. While ITINs can be used in place of Social Security Numbers, they are not sufficient for social security benefits or certain financial transactions.
Conclusion
The SSN plays a critical role in living and working in the U.S. U.S. citizens, Green Card holders, and individuals with temporary work permits can obtain this number to legally work and carry out financial transactions. The application process requires proper documentation and accurate form completion. For more information and legal assistance, feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or through 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.
Asım Kılınç, Immigration Attorney, CK Law Firm
Are you an artist, scientist, athlete, or professional with extraordinary abilities looking to work in the United States? Designed specifically for extraordinary talent individuals who stand out in their field, the O1 visa opens the door to incredible opportunities without the limitations of other work visas.
In this guide, we’ll cover everything you need to know—who qualifies, how to apply, sponsorship requirements, and how the O-1 Visa can pave the way for a Green Card. If you believe your skills deserve international recognition, keep reading to learn how to make the O-1 Visa work for you! In this article, we cover the following topics about the O-1 Visa:
- What is an O-1 Visa?
- Who Qualifies For an O-1 Visa?
- What is the O-1 Visa Processing Process?
- Is an O-1 Visa Sponsor Required?
- Does O-1 Visa Lead to Green Card?
- How Long is an O-1 Visa Good For? And Is There an O-1 Visa Extension?
- Is O-1 Visa Better Than H-1B?
If you have any further questions about the O-1 Visa, please feel free to reach out to us through the comments section below this article or via the website of CK Law Firm Immigration Attorneys!
What is an O-1 Visa?
The O1 Visa is a special work visa for individuals with extraordinary abilities, allowing them to work in the United States. This visa is specifically designed for professionals who have achieved national or international recognition in fields such as science, arts, education, business, or athletics. To qualify for the O-1 Visa, applicants must provide substantial evidence that demonstrates their extraordinary abilities.
Unlike other work visas, the O1 work visa is not for ordinary skills or experiences. It targets individuals who stand out in their fields with significant achievements. If you believe you have reached a distinguished level in your career and wish to work in the United States, the O1 Visa could be the perfect option for you.
Who Qualifies for an O-1 Visa?
To meet the O-1 Visa requirements, applicants must demonstrate that they have achieved extraordinary ability in their respective fields. This could include evidence of significant awards, achievements, or recognition on a national or international scale. For example, a scientist who has won a prestigious award, an artist with critical acclaim, or a world-renowned athlete would likely qualify. To further clarify, here are the key criteria that determine O1 Visa eligibility:
- Receipt of major national or international awards (e.g., Nobel Prize, Emmy, Grammy).
- Membership in prestigious organizations that require outstanding achievements.
- Published material about the applicant in major media or trade publications.
- Evidence of participation as a judge of the work of others in the field.
- Original contributions of major significance to the field.
- Evidence of authorship of scholarly articles in professional journals or media.
- Critical or leading roles in distinguished organizations.
- High salary or compensation compared to others in the field.
- Commercial success in the arts, such as box office sales or critical recognition.
However, winning major awards is not the only pathway. The O1 Visa requirements also include alternative criteria, such as media recognition, significant roles in reputable organizations, or leadership positions in your field. The O1 Visa usa is not limited to a few elite individuals but is accessible to anyone who can document their extraordinary accomplishments.
What is the O-1 Visa Processing Process?
The O1 Visa processing time begins with obtaining sponsorship from a U.S. employer or agent. Once you secure a sponsor, they will file a petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS). The O-1 Visa processing process typically range from a few weeks to several months, depending on the case and workload.
To ensure a smooth application process, you need to submit documents proving your achievements, such as award certificates, media publications, employment contracts, or reference letters. Working with an experienced immigration attorney can streamline your application and minimize delays. The O1 Visa offers a high approval rate when supported with solid documentation.
Is an O-1 Visa Sponsor Required?
Yes, an O-1 visa sponsor is required to apply for this visa. A U.S.-based employer, agent, or organization must file the petition on your behalf, proving that they intend to employ or represent you. This sponsorship process is essential for the success of your O1 work visa application.
If you do not have a direct employer, an agent can step in to sponsor your application. Many professionals in the entertainment and arts industries, for example, secure an O1 visa sponsor through agencies. Proper legal representation can help you navigate this requirement and find a sponsor aligned with your goals.
Does the O-1 Visa Lead to a Green Card?
While the O1 Visa does not directly lead to a Green Card, it is an excellent pathway to obtaining permanent residency in the United States. Many O-1 visa holders transition to a Green Card through the EB-1 visa category, which also targets individuals with extraordinary abilities. This process is known as O-1 visa to green card conversion.
The O-1 extraordinary ability visa sets a strong foundation for EB-1 applications, as both visas require similar evidence of achievements. If you plan to build a long-term career in the United States, transitioning from an O-1 Visa lead to a Green Card is a viable and strategic option.
How Long is an O-1 Visa Good For? And Is There an O-1 Visa Extension?
The O-1 Visa is initially granted for up to three years, depending on the length of the project or employment. After this period, you can apply for an O-1 visa extension in increments of one year as long as you continue to work in your field of extraordinary ability.
Many professionals successfully extend their O1 Visa multiple times by providing evidence that their work or projects are ongoing. If you are involved in long-term assignments or multiple projects, the O1 visa extension process ensures that you can maintain your legal status in the U.S. and continue to achieve your career goals.
Is O-1 Visa Better Than H-1B?
When comparing the O1 Visa to the H-1B visa, there are several significant advantages. The O-1 Visa is specifically for individuals with extraordinary abilities and has no annual cap, unlike the H-1B visa, which is subject to strict numerical limitations. This makes the O-1 Visa a more reliable option for qualified applicants.
Additionally, the O1 work visa is more flexible in terms of duration and extensions, and it also provides a stronger pathway to obtaining a Green Card. If you have the qualifications to meet the O-1 Visa requirements, it is often a better choice than the H-1B visa for establishing your career in the United States.
Therefore, it is crucial to apply for the O-1 visa with the right guidance. If you are planning to apply for an O-1 visa, please do not hesitate to reach out to me through the comments section below this article, send me a direct message on LinkedIn, or contact me via the website of CK Law Firm Immigration Attorneys, where I am a founding partner!
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.
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