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International Pharmacist Resource |
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Naturalization
Visa Issues
Does an individual always need a valid visa to enter the United States?
How does an individual obtain his first initial visa stamp in his passport?
How does one revalidate an expired visa?
Documents needed to return to the U.S. upon completion of travel abroad
What documents are required of foreign nationals holding nonimmigrant visa classification?
What travel documents are required of foreign nationals applying for permanent residence?
What travel documents are required of Permanent Residents?
Naturalization
A Lawful Permanent Resident is not required to become a naturalized U.S. citizen. In order to apply for naturalization, you must have been a Permanent Resident for a period of five years [or three years if married to a U.S. citizen]. You must also have been physically present in the U.S. for at least 2.5 years out of those 5 years (1.5 years if married to a U.S. Citizen).
Visa Issues
Does an individual always need a valid visa to enter the United States?
The majority of foreign nationals will be required to possess a valid visa in their passports for entry into the United States. Canadian nationals are exempt from this requirement; as are visitors entering the United States pursuant to the Visa Waiver program. In addition, if you enter the United States from Canada or Mexico, after a visit to those countries which has not exceeded thirty days, you will not be required to present a valid visa for re-entry into the U.S.
How does an individual obtain his first initial visa stamp in his passport?
Typically the initial stamp is applied for in person in the individual's home country. At the discretion of a third country, he may be able to apply in a country that is not his home country, provided he has always maintained valid status in the U.S.
Based on reciprocity agreements which the U.S. has with other countries, the individual may be able to obtain a multiple-entry visa stamp. To obtain information on filing a visa application at a U.S. Consulate in Canada, the employee can be directed to the following web site: www.nvars.com.
The individual should contact the American Consulate or Embassy in advance to inquire about the current application fee and the most recent list of items required. Requirements vary for each Consulate. The individual can be directed to the following website for information on U.S. Consulates and Embassy's abroad: www.travel.state.gov/links.html.
Typically the following documentation is required at a minimum:
- original Form I-797 (approval notice);
- copy of the H-1B petition including Labor Condition Application (if applying for an H-1B visa);
- original valid passport;
- original educational documents;
- one passport or green card style photograph;
- application fee;
- form OF156.
If the employee has a spouse and/or children, they will require:
- original valid passport;
- one passport or green card style photograph;
- proof of their relationship to you (i.e., marriage or birth certificate); and
- application fee.
- form OF156
It is recommended that the individual review the particular requirements, hours of operation, processing times, etc. of each consulate.
How does one revalidate an expired visa?
An individual in H-1B or L-1 (H-4 or L-2 for dependents) classification may apply for renewal of their visa stamp through the State Department in the U.S. if he or she meets the following criteria:
- the applicant must have had an H-1B or L-1 (H-4 or L-2 for dependents) visa stamp issued to him/her previously; and
- the applicant's current H-1B or L-1 (H-4 or L-2 for dependents) visa stamp in his passport cannot be expired more than one year; or
- the applicant's current H-1B or L-1 (H-4 or L-2 for dependents) visa stamp in his passport cannot be expiring in more than sixty days.
The following original documents are needed in order to process the visa application in the U.S.:
- Original passport for each applicant. The passport should be valid for six months beyond the individual's authorized period of stay in H-1B or L-1 (H-4 or L-2) classification;
- Original Notice of Action, Form I-797, approving the H-1B or L-1 petition on behalf of the individual. Dependents in H-4 or L-2 may or may not have an original approval notice depending on whether this is their first period of stay in H-4 or L-2 visa classification;
- Original Form I-94 for each applicant;
- Two passport-sized photographs for each applicant; and
- If only dependents are filing for visa applications, children will need to file copies of their birth certificate and the spouse will need to file a copy of the marriage certificate evidencing their relationship to the principal.
Please note that it is currently taking the U.S. State Department at least 10 weeks to process visa revalidation applications. While the U.S. State Department is in possession of the applicant's passport, the applicant may not travel abroad. If the applicant will need to travel abroad during this 10 week period, she may have the visa application withdrawn. The U.S. State Department would return the passport without the visa stamp. As such, the applicant would have to visit a U.S. Consulate abroad to obtain a visa stamp and reenter the U.S.
Documents needed to return to the U.S. upon completion of travel abroad
What documents are required of foreign nationals holding nonimmigrant visa classification?
Most people will require a valid passport with valid visa stamp reflecting your current status in the U.S. (e.g., H-1B, L-1). If the individual is not a Canadian citizen and does not yet have a visa stamp in his passport reflecting his current status in the U.S., he will need to apply for one at a U.S. Consulate prior to returning to the United States.
What travel documents are required of foreign nationals applying for permanent residence?
If an individual has an application for permanent residence pending with the INS and she needs to travel outside the U.S., she must have obtained an Advance Parole. To secure this document, she will need to provide the law firm the following: the reason for your travel; destination(s) and dates of travel; and 2 photographs.
Alternatively, if the H-1B or L-1 visa stamp and classification are still valid, the individual may be able to travel by using her visa and the original receipt for the filing of the application for permanent residence.
What travel documents are required of Permanent Residents?
If the individual is a Permanent Resident and she needs to travel outside the United States for more than six months, she should obtain a Re-entry Permit to facilitate her re-entry into the U.S. The Re-entry Permit MUST be filed while the individual is physically present in the United States and is valid for two years at a time. The individual should contact the law firm to find out if she require a Re-entry Permit.
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