NI Visas (K1-V)

K - 1 Fiancée of U.S. Citizen:
A Fiancée of a U.S. citizen is eligible for a nonimmigrant visa to enter US solely for the purpose of marrying only that U. S citizen within 90 days of entry to the U.S. If not married within 90 days of entry the K-1 visa holder becomes out of status and accrues unlawful presence in U. S, and is not eligible to change to any other non immigrant category or marry another U. S citizen and to apply for permanent residence while in U. S. The US citizen and fiancée should have met with each other within the last 2 years of prior to filing of the petition, unless the religious custom prevents such meeting each other. Unmarried children under 21 are eligible for K-2 visa, and can enter US along with K-1 visa holder, and apply for permanent resident status along with K-1 visa holder provided the K-2 visa holder should receive permanent resident status before reaching 21 years.

K-3 visas for Spouses and K-4 visas for children under 21 of US citizen:

The spouses and unmarried children under 21 of US citizen can enter US on K-3/K-4 visas respectively, provided the US citizen has filed an immigrant petition for the spouse, and the same is pending for approval. The US citizen should file a non immigrant visa petition with the USCIS and the same should be approved, before the spouse, and children can apply for a visa at a US consulate to enter US on K-3/K-4 visas. Once they enter US on K-3/K-4 visas they are eligible to apply for permanent residence provided separate immigrant petitions are also filed for the children entered on K-4 visas.

L-1 A & L-1B - Intra Company Transferee:
L-1 visas are available to executives, managers and L-1B visas are for persons of specialized knowledge to work for their employer's U.S. affiliate companies or subsidiaries. Executives and managers holding L-1A visas may be eligible for permanent residency without the need for a labor certification. Persons of specialized knowledge need to go through labor certification process in order gain permanent residency in US. Spouses can enter on L-2 visas and are eligible to work in USA .

M - Vocational Student:

Persons enrolling in a full course of study at a vocational institution approved by the Bureau of Citizenship & Immigration Service (USCIS) in the United States for non academic study may be eligible for a visa for the period of their study, which is normally issued for 1 year, which can be extended by USCIS. Spouses and unmarried children under 21 can enter US on M-2 visas as dependents for the period granted to the principal M-1 alien.

O1, O2 - Extraordinary Ability:
The O-1 category is for foreign nationals with extraordinary ability in the arts, sciences, athletics, education, or business. O-2 is for those aliens who seeks to enter US temporarily and solely for the purpose of accompanying and assisting the artists, athletes. Both O-1/O-2 can enter US after the petition filed by the US employer, or sponsor is approved by the USCIS , and issuance of visa by the US consulate.

P1, P2, P3 - Athletes and Group Entertainers:
For athletes, artists, and entertainers, either individually or as a group, can enter US provided their US sponsor should file petition with the USCIS, and it should be approved, before a visa can be issued by the consulate.
Q - International Cultural Exchange Program:

Any alien intends to come to US for temporary period of time not to exceed 15 months, as participant in an international cultural exchange program approved by the Attorney General for the purpose of providing practical training, employment, and sharing of the history , culture, and traditions of the country of the alien's nationality can obtain this visa and enter US. The spouse and children under 21 of any such alien if accompanying or following to join thealien can also obtain visa for the same period of time as the principal alien.
R - Religious Vocation or Profession:
Religious workers include ordained clergy and those who have taken religious vows, as well as religious professionals such as choir directors, teachers of religion, and so forth. The petitioner should be a non-profit religious group with 501(c) tax exemption, and the alien should be a member of the same religious group for a period of two years immediately preceding the date of filing the application for visa. The maximum period of stay will be five years. The spouse and unmarried children under 21 can enter on R-2 visas as dependents. R-1 religious workers has been extended until 09/30/2008.

S - Critical information provider visa:

Any alien who can provide critical reliable information concerning a criminal or terrorist organization or enterprise, and willing to supply such information to the US authorities, and whose presence in US is necessary for the successful investigation and prosecution, is eligible for this visa. The S visa is made available to aliens who cooperate with the government in criminal prosecutions., and is valid for three years. These visas are commonly known as “Snitch Visas”.

T - Visa for victims of trafficking:

The new law allows 5,000 T visas each year to victims of severe trafficking in the United States, for eligible victims to remain in the U.S. for three years. The victims will be granted temporary work permits and are eligible for the same kinds of public assistance which is given to refugees. The T visa, can eventually lead to permanent residency.

TN - Trade NAFTA Professionals:

A special visa category for nationals of Canada / Mexico under the North American Free Trade Agreement. There is no need to file any petitions for approval by USCIS before applying for TN visa at a US consulate. Only those categories of professionals in the schedule with the required licenses are eligible to apply for TN visa. It will be granted for a period of one year, which can be extended every year, as long as the alien works for the US company.

U-Visa for Victims of Violent Crimes:

This new visa is eligible for aliens who cooperate with law enforcement authorities, if they have "suffered substantial physical or mental abuse as a result of having been a victim of criminal activity" , which includes "trafficking," "being held hostage" and "felonious assault," all of which were involved in this case.

V - Visa for spouses and children under 21 of LPR:

Spouse and unmarried children under 21 of Permanent Residents, on whose behalf an immigrant petition was filed on or before 12/21/2000, and the same is pending for approval for more than 3 years, or if approved, waiting for the availability of the visa for more than 3 years, are eligible to apply for the Visa at a US consulate, or if they are physically present in US they can apply with the USCIS for V visa and work permit. V status does not allow the alien to travel outside and then return to US, without V visa issued by the US consulate. Children are eligible to extend the status even if they reach 21 years under the new rules.

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