General Immigration Information

Last Updated: January 15, 2020.

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International students studying in the U.S. with F-1 status can travel outside of the U.S. However before you travel out of the country, there are some documents that you should check in order to determine your eligibility to return to the U.S. You must make sure that your I-20 form is still valid. You should also notify the DSO for the endorsement of your Form I-20. For your I-20 to be endorsed, you have to meet certain requirements. Evidence of your health insurance and current details of your financial support will be required. You are also required to provide evidence of your current student status, your passport, Form I-20, I-94, and other necessary immigration documents. Detailed information about your planned travel (such details as the mode of transportation, destination, reason for the travel, and duration of the travel) is also required. If you are traveling with your dependants who are F-2 visa holders, they will be also required to provide the above-mentioned documents. You should also ensure that your F-1 visa is still valid. If it has expired, then you have to apply for a new visa at the U.S. Embassy in the country you visited or your country of permanent residence or your country of origin.

However, if you are going to stay outside of the U.S. up to 5 months and above, it is advisable that you first discussed it with your counselor before you travel. This is because, before you will be allowed to re-enter the U.S. in order to continue with your studies, a new I-20 has to be issued to you. There are also special DHS rules guiding such travels. These rules have to be applied, as well.

For detailed information on the options available to you and for expert help on your immigration process, you should contact our office and speak with our experienced and professional attorney.

Last Updated: January 15, 2020.

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You are given the F-1 status and visa primarily to enable you pursue your education or attend a program of study in the U.S. and you are expected to pursue this purpose. But if you later have a change of purpose, you can change your F-1 status to the non-immigrant status you want in so far as you meet the requirements. Getting a new status can be challenging and somewhat stressful. There are two different ways through which you can change your F-1 status to another non-immigrant status. The following are your options:

Option 1:

Apply for a new visa outside of the U.S. As visas are not issued in the U.S., if you prefer applying for a new visa, you have to leave the United States to your country of origin or your country of permanent residence or another country of your choice. Apply for a new visa that will enable you to obtain the new status you want. The advantage of this option is that it does not take much time for the new visa and new status to be issued. Secondly, you will achieve two things at the same time, a new visa and a new status. However, it can be expensive given the travel expenses.

Option 2:

You can also change your F-1 status in the U.S. If you prefer changing your status in the U.S., you are required to apply for a change of status to the U.S. Citizenship and Immigration Services (USCIS). If your application is accepted, a new status will be issued to you but your visa will not be changed because visas are not issued in the U.S. It may take up three to six months for your application to be processed. As you cannot start pursuing your new objective until your status is changed, it is advisable that you apply for a change of status some months ahead of the start date of your new program.

When you apply for a change of status in the U.S., you are expected to remain in the U.S. until your application is processed and a new status is given to you. If you travel out of the U.S., the application will be cancelled. If a new status is given to you and you travel out of the U.S., you are required to obtain a visa stamp that will suit the new status, unless you take a short trip of not more 30 days to Mexico or Canada.

Note that it is possible for your application for a change of your F-1 status to be denied. If it is denied, you may be required to leave the U.S. immediately. You are not eligible to change your F-1 status if you have reached the expiration date of your authorized stay. A violation of the terms and conditions of your current status also disqualifies you from applying for a change of status.

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Last Updated: January 15, 2020.

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If you are planning for a J-1 visa interview you need to schedule for an interview, pay your application fee in advance, and collect and prepare your documents.

• Schedule for an interview: Individuals between the ages of 14 to 79 years are required to have a J-1 interview. Those who fall out of this age bracket need not have an interview. The interview has to be scheduled with the U.S. embassy or consulate. It is essential to schedule the interview well before the start date of the program, because the wait time varies from region to region and based on the visa type and time of application.
• Payment of application fee: A non-refundable fee of $160 USD has to be paid prior to the interview. Those who participate in the exchange visitor program through the DOS, USAID, or a federally funded education or cultural program need not pay the fee. A copy of the receipt has to be submitted during the J-1 visa interview.
• Collect and prepare your documents: There are various documents that are to be carried to the interview. Failing to bring any of the documents may lead to denial of the J-1 visa. Here are the documents that you need to carry with you to the interview:
  • Passport
  • Form DS-160
  • Visa application fee
  • Photo
  • Form DS-2019
  • Form DS-7002: for training and intern category
  • Original interview appointment letter
  • School and college certificates
  • Evidence of employment or family ties
  • Evidence of financial ability to pay: This includes documents that showcase that you have sufficient funds to cover all the travel expenses and other expenses.

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Last Updated: January 15, 2020.

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Denials of J-1 visas are quite rare in some countries, but they do occur. The DS-2019 (Certificate of Eligibility) granted by the sponsor does not guarantee that the U.S. consulate will issue a J-1 visa. There are certain criteria based on which the consulate or the U.S. Embassy determines whether the candidate is eligible for entry into the U.S. Some of the most important factors that determine eligibility are:

• The intent of the applicant to remain in the U.S for a limited period of time: The applicant must prove non-immigrant intent during the interview process by responding correctly to the related interview questions. The applicant must also explain the nature of the program for which they wish to enter U.S. and how the program fits into the career plan.
• Evidence of funds: The interviewers want the applicant to provide evidence for enough funds in order to cover all the expenses in the U.S. This can be done by providing proof of contributions from the sponsor or proof of personal finances.
• Evidence of social and economic ties abroad: Proper proof for return of the applicant to the home country has to be provided. The consular officer wants to ensure that the applicant has strong reasons to return back to his country of origin. Proof of social and economic ties such as minor children, large family and dependents, business ties, religious and social associations, and valuable property ownership are to be provided.

Although denials of J-1 visa are rare, it is essential to prove your intent and eligibility thoroughly during the interview.

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Last Updated: January 15, 2020.

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Individuals who move to the U.S. on a J-1 visa need to understand the various privileges and limitations of a J-1 visa.

The following are some of the privileges that J-1 visa holders are entitled to:

• Individuals can participate in an exchange visitor program that is approved by the U.S. Department of State.
• J-1 visa holders can move in and out of the U.S. during the visa period. They can also stay in the U.S. continuously until the expiration of their visa.
• J-1 visa holders can take their dependents, including their spouse and unmarried children under the age of 21 with them to the U.S.
• J-1 visa holders can get work permits for their relatives who accompany them.

There are some limitations to the J-1 visa. The following are some of the disadvantages:

• J-1 visa holders must restrict themselves to the purpose for which the visa was approved. For instance, if an individual moves into the U.S. to study, it is essential that they not partake in any other activities without prior approval.
• Before any individual can apply for the J-1 visa, they should be a part of the program that is approved by the DOS.
• An exchange visitor, who is participating in a certain kind of program, must return to their home country for at least two years before being permitted to apply for a green card. An alternative is to this is to change status to another non-immigrant category.

Contact us today to learn more! 

Last Updated: January 15, 2020.

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The J-1 visa holder must move out of the U.S. and stay in their home country for a period of two years in order to be eligible for a green card or to apply for an immigrant status. Exchange visitors who move into the U.S. on a J-1 visa can get their two years foreign residency requirement waived off. In order to get the requirement of the section 212 (e) of the Immigration and Nationality Act (INA) waived off, you must meet certain criteria.

There are five statutory bases provided by the U.S. Department of State that may be used by J-1 visa holders to waive the foreign residency requirement. They are as follows:

• No objection letter by the government of the home country: The foreign residency requirement can be waived if the home country’s government provides a “no objection certificate” stating that it does not object to the waiver of the two-year foreign residency requirement. A “no objection certificate” is not available to medical interns who received training in the U.S.
• Threat of persecution: If the alien will be subject to persecution upon return to his or her home country, the two-year foreign residency requirement can be waived. The J-1 visa holder must provide proof that he or she will be subject to persecution upon return. The threat of persecution must be on one or more of the following grounds in order to obtain the waiver:
  • Race
  • Religion
  • Political opinion
• IGA request: The J-1 visa holder can get the waiver of the two-year foreign residency requirement if the Interested Government Agency (IGA) shows interest in the J-1 visa holder’s stay in the U.S. This is possible if the J-1 holder works on a project for the agency or if the alien is working on a project that is of interest to the agency. The IGA is a U.S federal government agency. This request must be agreed upon by both the DOS and the USCIS in order to get the waiver.
• Hardship: If the two-year foreign residency requirement imposes hardship on the dependents of the J-1 visa holder or if the spouse or child is a U.S citizen, then the foreign residency requirement may be waived.
• Upon request by a Designated State Health Agency: If the J-1 visa holder is a medical practitioner working as a full-time doctor in a hospital, he or she is then eligible for the two-year foreign residency requirement. This can be completed upon the request by the Designated State Health Agency. The person will qualify for the waiver if he accepts work for 40 hours per week, for a period of 3 years. The person must also begin work within 90 days after the approval of the waiver.

Upon a recommendation from the DOS, the USCIS can waive the requirement. Obtaining a recommendation from the DOS involves a four-step process.

• A data sheet must be submitted to the DOS waiver review division. Two stamped, self-addressed envelopes and the appropriate fee have to be submitted along with the data sheet.
• The DOS then sends the case number and the instruction sheet, depending on the type of waiver indicated on the data sheet.
• Form I-612 must be filed with the USCIS for persecution and hardship waivers. If granted by the U.S., the information is then transmitted to the DOS. For other categories, the application must be sent to the agency or the foreign government.
• The application will be reviewed by DOS and the recommendation will be forwarded to the USCIS. A copy of the recommendation will be sent to the applicant and the J-1 sponsor. The USCIS grants the persecution or hardship waiver and forwards it to the DOS. The waiver review division of the DOS reviews the program, foreign relation aspects, and the policies of the case.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

Last Updated: January 15, 2025.

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Prior acceptance to an Exchange Visitor Program and a sponsoring organization is essential in order to obtain a J-1 visa. If a non-immigrant wishes to take advantage of the J-1 program, the alien must satisfy the following criteria:

• The non-immigrant must fall under one or more of the J-1 categories
• They must have sufficient funds for the trip to the U.S.
• They must be fluent in English
• They must have a residence abroad and they must not possess any intention for abandoning it
• They must have sufficient medical insurance

To get a J-1 visa, the individual has to apply for it at the U.S. embassy or consulate in their home country. Once they receive the visa, they can enter U.S. up to 30 days before the program date. Here are the steps to obtain a J-1 visa:

• The sponsor will provide a DS-2019 form, which is a Student and Exchange Visitor Information System (SEVIS). The Form DS-2019 is the certificate of eligibility and it has to be submitted to the U.S. consulate or embassy.
• The Form DS-156, which is the non-immigrant visa application, has to be submitted.
• Male applicants and applicants from countries like Iran, Cuba, Syria, Libya, Sudan, and North Korea have to submit the Form-157, which is the supplemental non-immigrant visa application. It provides details of your travel plans.
• DS-158 which contains the details of work history and contact information has to be submitted.
• A valid passport, a 2x2 photograph, and a non-refundable fee of $160 USD per visa application have to be submitted along with the above documents.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

Last Updated: January 15, 2020.

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The duration of stay for J-1 visa holders depends on the visitor exchange program. There are maximum duration limits for each J-1 category. The categories and the duration of stay are as follows:

• College professors: 36 months
• Research scholars: 36 months
• Teachers (primary and secondary schools): 36 months
• Flight aviation program trainees: 24 months
• Business trainees: 18 months
• Students: College and university students are provided 18 months of training period in case of baccalaureate/masters degree and post-doctoral students are provided a period of 36 months.
• Government and international visitors: 12 months
• Au pair: 12 months
• Summer work: 4 months

The J-1 visa can be extended by the original J-1 sponsor who issued the Form IAP-66. A new IAP-66 has to be completed in order to extend the duration of stay in the U.S. In this case, the sponsor must notify the DOS regarding the extension. There is no need to notify the USCIS. Extension is possible only if the duration falls within the maximum duration of stay for that particular category.

For professors and researchers, a special extension is applicable for a duration of 6 months, even after completing the three years of maximum duration. If the sponsor requires the professor or the researcher to stay in the U.S. for an additional period, they can do so upon their own discretion. This does not require approval from the DOS or USCIS. Professors and researchers can also apply for an extension period through the DOS. This must be done 90 days prior to the expiration of the three-year period of stay.

Contact our office today to learn more!

Last Updated: January 15, 2020.

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As per the USCIS regulations, the J1-visa holder can work only for the sponsor employer. However, in some cases, if the individual meets the eligibility criteria for the category for which they are applying, then they are allowed to work for a non-sponsor employer.

Research scholars in the J-1 category can work for non-sponsor employers in a closely related research program. This can be done for a period of six months and requires a written approval from the original sponsor. When this is done, the J-1 holder can lecture and consult at institutions that are not listed in the IAP-66.

J-1 students, when they meet the following conditions, are eligible for employment:

• On-campus employment is available for students who have pursued scholarship, fellowship or assistantship.
• Off-campus employment is allowed for students as a part of summer work/travel exchange program.
• Work will also be allotted at times when there is a serious economic situation during the J-1 status.
• Only students with good academic standing are eligible for employment. These students must continue in a full course of study and must be approved by a school officer.
• 20 hours of employment must not be exceeded, during school breaks and vacation.

College students or graduate students are eligible for a practical training program. This extends up to 18 months for master’s and bachelor’s students and 36 months for doctoral students. There is no need for approval from the DOS or the USCIS for a practical training program. Students who are applying for a practical training program must submit an approval letter from an exchange program officer, passport, completed IAP-66, and I-94 forms.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

Help! I lost my Green Card! As a permanent resident of the United States, your green card is an essential that you must carry with you everywhere. After all, this is evidence of your status as a permanent resident as well as proof that you’re living and working in the United States legally.

This means that when your Green Card is missing, stolen, or lost; the first step is usually panic. But you shouldn’t panic. Instead, you should follow the series of steps necessary to replace your card as quickly as possible.

Not sure how to file for and receive your replacement green card? Not a problem because below you will find everything you need to understand and follow the replacement process to get your green card back.

The Green Card Replacement Process:

4 Steps You Need to Take

Before you begin the replacement process, it’s important to search everywhere imaginable for your green card. After all, the process is neither free nor quick. This means that if you could spend just an hour or two searching for it, you should.

If you can’t find it, it’s best to begin this process as quickly as possible. Doing so will ensure that you receive your new green card and are able to carry it once again for proof of your legal residency and work status.

Step 1: File a Police Report

Prior to actually beginning the replacement process, it’s important to report that you lost your green card. Doing so will ensure that no other individual will be able to use the card for illegal purposes and means you won’t be responsible for anyone who tries to.

You should visit your local police station, or call over the phone if you prefer, to file a police report with your local police department. Many police departments will require you to provide copies of the missing documents along with other supporting documents containing additional information of your green card.

Some choose to skip this step, but you shouldn’t. In fact, a police report is often required as you complete the process to replace your green card. As such, it’s vital to take just an hour to file your own police report.

Step 2: Collect Supporting Documentation

As you prepare to apply for your new green card, it’s important to collect supporting documentation. This documentation will be necessary at different points of the application process, so gathering it early will only make it simpler as you move forward.

A few examples of documentation you should put together include:

• A written account of how your green card was lost or stolen;
• Copies of your green card or copies of your driver’s license, passport, or birth certificate;
• Two passport-sized photos, each with your alien number written on the back;
• Copies of your approved application letter; and
• Copies of other forms of legal identification that you use.

By doing this early in the process, you won’t have to waste time later on compiling the documents you need. This can make the process much quicker (not to mention easier for you).

Step 3: Contact the U.S. Embassy, Consulate, or USCIS Office Where You First Applied for Your Green Card

While it’s essential to notify your local police of your missing green card, it’s also important to notify the embassy, consulate, or USCIS office where you first applied for your green card and/or received your immigration visa.

Once you’ve contacted the office, you will need to provide specific information regarding where you applied or the approval of your Form I-90 application.

If you’re outside of the United States when you lose your green card, you should immediately contact the U.S. embassy, consulate, or USCIS office in your area. This will streamline the entire process and provide the same protective measures as notifying your local police if you’re in the U.S. when you lose your green card.

Step 4: Applying to Replace Your Permanent Resident Card

Once your police report is filed, you’ve prepared all necessary documents, and notified the embassy, consulate, or USCIS office you’re finally ready to take the most important step: Actually replacing your green card!

You will replace your green card with Form I-90, Application to Replace Permanent Resident Card. As a legal permanent resident, there are only two parts of the form you must fill out, each with multiple sections:

Part 1:

Information About You – The first few sections require personal information such as your alien registration number, name, address, gender, date and place of birth, and information about your mother and father.

Part 2:

Type of Application – You will select why you’re applying and indicate that your card is lost, stolen, or destroyed, issued but never received, or mutilated (i.e. partially destroyed).

For most applicants, the form costs $365 to file. This doesn’t include the necessary biometric service fee of $85 so you will pay $450 in total to replace your green card. The biometric service fee is required when you appear in person to provide your fingerprints, photograph, and/or signature to confirm your identity. During this interview, you may also be asked questions about your criminal records or other identification-related matters. The interview is scheduled once your application has been received at a designated USCIS Application Support Center (ASC) in your area.

Processing Your Application: What to Expect

Once you’ve submitted your application, the appropriate authorities will review your request. During this review process, you may be contacted to provide additional information – such as biometrics, an additional interview, or original documents of copies you’ve provided – for approval.

Once your application has been approved, you will receive your new green card in the mail. If for any reason your application is denied, you will receive the reason for denial in the mail.

Should your application be denied, you cannot take steps to appeal the decision. Your only option is to submit a motion to reopen the application to have your case reconsidered.

If you choose to submit a motion, you must do so and establish that the decision to deny your application was due to the incorrect application of law or immigration policy. Further, you must establish what new facts (i.e. information) you would provide if your case is reopened and what document-based evidence you can offer to support your motion.

Appeals and motions can be a confusing topic, especially because many individuals have never dealt with legal documents like these before. To learn more about both, visit the U.S. Citizenship and Immigration Services website for their “Questions and Answers” section on Appeals and Motions.

At SimpleCitizen, We Believe Immigration-Related Issues Should be Simple

The team at SimpleCitizen strongly believes that the immigration process should be simple for all individuals. As such, we hope that you’ve found this article helpful regarding what to do should you lose your green card or if it is stolen.

If you have any questions, please reach out to a member of our team for the assistance you need. We look forward to supporting you with the information and other resources you require for all of your immigration needs!

Want to Learn More?

Are you looking to learn more about your options or steps to take when you lose your green card? Check out the helpful links below to learn more:

U.S. Citizenship and Immigration Services: Questions and Answers on Appeals and Motions

Form I-90, Application to Replace Permanent Resident Card

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