Immigration Lecture

Qiang Bjornbak

© 2004 all rights are reserved

Non-immigration Visas

I. B1 visa

1. Qualifying Criteria:

1. The visit is business related. i.e. business activities incident to international trade or commerce, conventions, conferences, training consultants, etc.;

2. The applicant plans to remain for a specific, limited period;

3. The applicant has a residence outside the U.S. as well as other binding ties which will insure his/her return abroad at the end of the visit; and

4. S/he cannot engage in any gainful employment.

2. Document:

1. Invitation letter

2. Proof of financial support: bank account, financial sponsor.

3. Solid tie with home country: i.e. house, spouse, children in home country, good job, heavy investment.

3. Length:

A period of time that is fair and reasonable for the completion of the purpose of the visit. When the time needed to accomplish the purpose of the visit cannot be determined, USCIS will grant a 30 day period of admission. Maximum time for B visa is six months, but it can be extended for one more time.

4. Note:

At the port of entry, an immigration official must authorize the traveler's admission to the U.S. and issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted.

II. B2 visa

1. Qualifying Criteria:

1. The visit is for pleasure or medical treatment, such as visiting friends and relatives, seeking medical treatment in a hospital.

2. The applicant does not have intention of immigration.

3. The applicant cannot engage in any gainful employment.

2. Document:

1. Invitation letter;

2. Proof of financial support;

3. Solid tie with home country.

3. Length:

Maximum time is six months, but the visa can be extended for one more time.

4. Note:

1. Visa Waiver Program: The program allow applicant to stay up to ninety days in the U.S. without applying for a visa at U.S. consulate. The applicant cannot study or work under this program, nor is s/he eligible for a change into other visa category or an extension of the visa.

2. If a person applies for B visa and tries to change into other visa category within 30 days, there is an irrebuttable presumption of fraud. If B visa holder tries to change her or his status within 60 days, there is a rebuttable presumption of fraud.

3. B visa visitors need to notify immigration officer upon initial entry of their intent to begin a course of study in the U.S. The rule does not bar individuals admitted under other non-immigrant visa categories from changing status.

III. E1 visa (treaty trader)

1. Qualifying Criteria:

1. The trader individual or company must possess the nationality of the treaty country.

2. At least half of the company must be owned by nationals of the treaty country. (Dual citizenship is fine).

3. There is substantial trade (more than fifty percent) between the U.S. and the country of nationality. The amount of trade is sufficient to ensure a continuous flow of trade items between the U.S. and the treaty country;

4. The activity constitutes trade as defined at 214.2(e)(9);

5. The visa applicant must engage in substantial trade, or an executive, manager or employee with special skills essential to the company. (The skill is crucial to the success of the business.);

6. That the applicant intends to depart the U.S. upon the expiration of E-1 status;

7. The employee has the same nationality as the principal alien employer.

2. Documents:

1. Passport;
2. Stock certificate;
3. Accounting book;
4. Employment contract.

3. Length of time:

The visa is valid for one year. Unlimited extensions can be granted in increments of up to two years.

4. Note:

1. Consulate process. No USCIS petition.

2. Merger and Acquisition will affect the E visa.

IV. E2 visa (treaty investor)

1. Qualifying Criteria:

1. The investor is a national of a country with whom the U.S. has the requisite treaty or agreement;

2. The alien (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. The alien must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;

3. The investor has invested in or is actively in the process of investing in the enterprise;

4. The investment is substantial, i.e. sufficient to ensure the investor's financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;

5. The investment enterprise is not a marginal enterprise;

6. If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.

7. That the applicant intends to depart the U.S. upon the expiration of E-2 status

2. Documents:

1. Passports;

2. Documents of investment;

3. Employment agreement.

3. Length of time:

Valid for One year, unlimited extensions can be granted in increments of up to two years.

4. Note:

1. Spouses of E visa holders are eligible to file for work authorization. Spouses must submit an additional application to the USCIS to obtain an employment authorization card.

2. Premium processing service: Applicant pays 1000 dollars and s/he can get the result within 15 working days.

3. Dual intent is not allowed.

V. F-1 visa (F-2 spouse and children of students)

1. Qualifying Criteria:

1. The applicant fits under the statutory definition of student.

2. The institution to be attended is approved by USCIS for attendance by foreign students.

3. The applicant has sufficient funds to meet expenses for the entire period of anticipated study without having to resort to employment in the U.S.

4. Sufficient scholastic preparation and knowledge of the English language.

2. Documents:

1. Form I-20.

2. Evidence of Financial support. i.e. letter of offering scholarship. Sponsor letter.

3. Evidence of English knowledge: GRE and TOFEL score.

4. Admission letter from the school.

3. Length of Time:

Applicant is allowed to stay in the United States for as long as s/he is enrolled as a full-time student in an educational program and making normal progress toward completing his/her course of study.

Applicant also will be allowed to stay in the country up to twelve additional months beyond the completion of his/her studies to pursue practical training. At the end of his/her studies or practical training, s/he will be given sixty days to prepare to leave the country.

4. Note:

1. Applicant may be allowed to work on-campus or off-campus (after the completion of your first year of study) under limited circumstances.

2. Applicant’s accompanying spouse and child may not accept employment.

VI. H1-B Visa

A. Qualifying Criteria:

1. Applicant works in a specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty (e.g., engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties, etc.).
2. The employer must file a Labor Condition Application with the regional Office of the Department of Labor.

1. The H-1B will be offered the actual wage level or the prevailing wage in the area where the person will be employed, whichever is greater.
2. The employer is providing working conditions for the H-1B employee that will not adversely affect similarly employed U.S. workers.
3. There is no strike, lockout, or work stoppage,
4. Notice has been provided to the bargaining representative or that notice has been posted that a labor condition application has been submitted.

3. The employee is qualified for the specialty occupation, and has a bachelor's degree, or equivalent.

B. Documents:

1. An approved labor condition application from the Department of Labor.

2. Evidence the proposed employment qualifies as within a specialty occupation;

3. Evidence the alien has the required degree by submitting:

1. A copy of the person's U.S. Bachelor degree or higher degree which is required by the specialty occupations;
2. A copy of a foreign degree and evidence it is equivalent to the U.S. degree, or
3. Evidence of education and experience which is equivalent to the required U.S. degree.

4. A copy of any required license or other official permission to practice the occupation in the state of intended employment; and

5. A copy of any written contract between the employer and the alien employee or a summary of the terms of the oral agreement under which the alien will be employed.

6. I-129 , ETA 9035, ETA 9035 CP, ETA 9035 E

C. Length:

Extension may be granted in increments of up to 3 years. The maximum period of time is six years. Certain foreign workers with labor certification applications or immigrant visa petitions in process for extended periods may stay in H-1B status beyond the normal six-year limitation, in one-year increments.

Note:

1. Applicant can pursue permanent residence in the U.S. at the same time that he is seeking a nonimmigrant visa.

2. The cap is reduced to 65,000 for year 2004.

3. H1B workers can change employers through filing a new H-1B petition by the new employer. If H-1B worker starts to work for a new employer while the adjudication of new H-1B visa is pending, H-1B worker faces losing the status once the petition is denied.

VII. J visa

1. Elements

1. Candidates can be Professors and Research Scholars; Short-term Scholars; College and University Students; Teachers; Secondary School Students; Specialists for observing, consulting or demonstrating specialized skills; Alien Physicians; International Visitors; Camp Counselors; Au Pairs; Summer Work Travel.

2. Specific exchange program

2. Documents:

1. Form IAP-66 S

2. Proof of exchange program.

3. Proof of financial sponsorship.

3. Length:

The visa is valid for up to one year and may be extended according to the length of the program. J visa holder can 18 months of training after finishing the program.

4. Note:

1. J-2 visa holder may obtain permission to work from the USCIS, provided it is work for his own support and not for the support of the principal exchange visitor.

2. There is two year foreign residence requirement upon completion of the J-1 program. Waivers can be granted in limited circumstances. Only three types of programs contains this requirement. One of these programs is for aliens who obtain J status in order to receive graduate medical education or training in the U.S. The second is for all persons whose J programs are financed by the U.S. government or by the visa holder's government. The last is for persons whose occupations or courses of study appear on the Exchange-Visitor Skills List published by the U.S. Information Agency (USIA), the agency which administers all J programs. The foreign residency requirement bars the alien, for a period of two years, solely from obtaining H visa, L visa, or permanent residence status in the U.S.

3. Applicant can change the status to O visa.

VIII. K-1 visa

1. Qualifying Criteria:

1. The applicant is a fiancé(e) of a U.S. citizen.

2. S/he intends to marry the U.S. citizen within ninety days.

2. Documents:

When Petitioner files I 129:

1. Form I-129F
2. Evidence of petitioner’s U.S. citizenship (e.g., original U.S. birth certificate, U.S. passport or Certificate of Naturalization, or Certificate of Citizenship).
3. 2 Form G-325A Biographic Data Sheets (one for petitioner and one for fiancé(e))
4. One color photo of petitioner and one of fiancé(e) taken within 30 days of filing (please see Form I-129F for more instructions on photos).
5. A copy of any divorce decrees, death certificates, or annulment decrees if either petitioner or fiancé(e) has been previously married.
6. Proof of permission to marry if petitioner or fiancé(e) is subject to any age restrictions.

When beneficiary goes to the consulate to apply for V-1 visa:

1. Valid passport
2. Birth certificate
3. Divorce or death certificate of any previous spouse
4. Police certificate from all places lived since age 16
5. Medical examination
6. Evidence of support (including Form I-134)
7. Evidence of valid relationship with the petitioner
8. Photographs

3. Length:

90 days

4. Note:

1. K visa holder cannot change their nonimmigrant classification.

2. K visa holder is allowed to work in the U.S.

3. If fiancé(e) has unmarried children who are under 21, they are eligible to accompany fiancé(e)

IX. K-3 visa for spouse and children or the U.S. citizen abroad

A. Qualifying Criteria:

1. His/her marriage to a U.S. citizen is valid, and
2. He/she is the beneficiary of a petition (I-130) already filed with the USCIS as the spouse of a U.S. citizen, but which petition has not yet been approved by USCIS, and
3. He/she is also the beneficiary of a 129 F petition filed with and approved by USCIS in the United States forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.
4. He/she wishes to enter the United States to await the approval of the I-130 petition by USCIS or the availability of an immigrant visa.

B. Documents:

1. Valid passport
2. Birth certificate
3. Divorce or death certificate of any previous spouse
4. Police certificate from all places lived since age 16
5. Medical examination
6. Evidence of support (including Form I-134)
7. Evidence of valid relationship with the petitioner
8. Photographs

X. L visa

1. Qualifying Criteria:

1. The applicant must be an executive, a manager, (L-1A) or an employee with "specialized knowledge" (L-1B) who have been employed by a foreign office for at least one continuous year within the three years preceding the filing of a petition.

2. The U.S. office must be a parent, subsidiary, affiliate, or branch of the foreign office.

2. Documents:

1. A U.S. employer or foreign employer may file the I-129 petition, but a foreign employer must have a legal business in the U.S. The petition must be filed with:

2. Evidence of the qualifying relationship between the U.S. and the foreign employer which address ownership and control, such as an annual report, copies of articles of incorporation, financial statements, or stock certificates;

3. A letter from the alien's foreign qualifying employer detailing his or her dates of employment, job duties, qualifications and salary and demonstrating that the alien worked for the employer abroad for at least one continuous year within the three-year period before the filing of the petition in an executive or managerial capacity or in a position involving specialized knowledge; and

4. A detailed description of the proposed job duties and qualifications and evidence the proposed employment is in an executive or managerial capacity or in a position involving specialized knowledge. If the alien is coming to the U.S. as a manager or executive (L-1A) to open or to be employed in a new office, also file the petition with evidence that:

a. Sufficient premises to house the new office have been secured;

b. The beneficiary has, or upon establishment will have, the qualifying relationship to the foreign employer and the qualifying position; and

c. The intended U.S. operation will be able to support the executive or managerial position within one year of the approval of the petition. This must be supported by information regarding:

1) The proposed nature of the U.S. office (size and scope, organizational structure, and financial goals),

2) Financial information about the foreign entity (the size of the U.S. investment and the financial ability to remunerate the beneficiary and to commence doing business in the U.S.), and

3) The organizational structure of the foreign entity.

If the alien is coming to the U.S. in a specialized knowledge capacity (L-1B) to open or to be employed in a new office, also file the petition with evidence that:

1) Sufficient premises to house the new office have been secured;

2) The business entity in the U.S is or will be a qualifying organization

3) The petitioner has the financial ability to compensate the alien beneficiary and to begin doing business in the U.S.

3. Length:

1) L1-A (managerial and executive) 7 years, and L1-B (special knowledge) five years

4. Note:

1. A petitioner may apply for an extension of an individual L-1 petition using Form I-129. Supporting documentation is not required, except in those cases involving new offices or when requested.
2. If change L-1 to H1B, max three years. If change from H1b to L-1 Max five or seven years.
3. Advantage: Dual intention is allowed. NO Labor certification is required.
4. Dependents cannot work.

XI. Blanket petition for L visa

1. Qualifying Criteria:

1. The petitioner and its branches, subsidiaries, and affiliates are engaged in commercial trade or services;

2. The petitioner company must have an office in the U.S. that has been doing business for one year or more;

3. There are three or more domestic and foreign branches, subsidiaries, or affiliates,

4. The petitioner and the other qualifying organizations have obtained approval of petitions for at least ten "L-1" managers, executives, or specialized knowledge professionals during the previous 12 moths, or have U.S. subsidiaries or affiliates with combined annual sales of at least 25 million, or have a U.S. work force of at least one thousand employees;

5. The employee must have continuous employment for 6 months within the past three years.

2. Documents:

1. I-797, I-129;

2. copy of the approval notice for the blanket petition;

3. A letter from the alien's foreign employer detailing the alien's dates of employment, job duties, qualifications and salary for the 3 previous years; and

4. If the alien is a specialized knowledge professional, a copy of a U.S. degree, a foreign degree equivalent to a U.S. degree, or evidence establishing the combination of the beneficiary's education and experience is the equivalent of a U.S. degree.

3. Extension:

A petitioner may file an I-129 to extend an expiring blanket petition. The extension petition must be filed with:

* A copy of the previous approval notice for the blanket petition; and

* A summary of the employment of L-1 aliens admitted under the blanket petition during the preceding three years, listing, for each alien:

· His or her name;

· Position(s) held during the period;

· Employing entity;

· Date of initial L-1 admission under the blanket;

· Date of final departure, if the alien has been transferred outside the United States, and;

· Documentation of any changes in approved relationships and additional qualifying relationships.

4. Note:

The definition of manager, executive member and person with special knowledge is very important. Merger and acquisition can affect the L-1 visa.

XII. O -1 visa (science, education, business, or athletics)

1. Qualifying Criteria:

1. Applicants must be persons of extraordinary ability in the science, arts, education, business and athletics. (e.g. a Ph. D. Degree, not including the arts, motion pictures or television).

2. Have sustained national or international acclaim and substantially benefit prospectively in the U.S.

2. Documents:

1. A U.S. employer should file the I-129 petition with:

2. A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the alien's area of ability;
3. A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;
4. Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
• Published material in professional or major trade publications, newspapers or other major media about the alien and his work in the field for which classification is sought;
• Original scientific, scholarly, or business-related contributions of major significance in the field;
• Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
• A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
• Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought;
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

3. Length:

The visa is valid for initial three years and it can be extended every year.

4. Note:

This category requires approval by the USCIS, followed by visa application at a consulate. J visa can transfer to O visa without two year foreign residency. It is an alternative to H-1B for those who have a high degree. O visa has advantage over H-1B. It does not need Labor Condition Application. Nor is there any limit on the length of stay.

XIII. O-1 Extraordinary Ability (Arts, Motion Picture, or Television)

A. Qualifying Criteria:

1. Aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

2. Applicants have sustained national or international acclaim and substantially benefit prospectively in the U.S.

B. Documents:

1. A U.S. employer should file the I-129 petition with:

2. A written advisory opinion, describing the alien’s ability as follows:

a. If the petition is based on the alien's extraordinary ability in the arts, the consultation must be from a peer group (including labor organizations) in the alien's field of endeavor; or a person or persons designated by the group with expertise in the alien's area of ability.

b. If the petition is based on the alien's extraordinary achievements in the motion picture or television industry, separate consultations are required from a labor and a management organization with expertise in the alien's field of endeavor.

3. A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;
4. Evidence the alien has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least three of the following:

• Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
• Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
• A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the alien's achievements;
• A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; or

If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.

XIV. O-2 visa

A. Qualifying Criteria:

1. APPLIICANTS perform support services which cannot be readily performed by a U.S. worker; and

2. The services are essential to the successful performance of the O-1.

2. Documents:

1. The petition must be filed by a U.S. employer in conjunction with the filing of the O-1 alien petition and must be filed with:

1.

2. A written advisory opinion.

1) If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary ability in the arts, the opinion must be from a labor organization with expertise in the skill area involved.

1)

2) If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary achievement in the field of motion picture or television, the opinion must be from a labor organization and a management organization with expertise in the skill area involved.

2)

3) Evidence of the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien, and that the alien has substantial experience utilizing the critical skills and essential support services for the O-1. In the case of a specific motion picture or television production, the evidence shall establish that significant production has taken place outside the U.S., and will take place inside the U.S. and that the continuing participation of the alien is essential to the successful completion of the production.

3)

3. Length:

1. The visa is valid for initial three years and it can be extended every year.

XV. O-3 Visa

Qualifying Criteria

1. Spouses and minor children (dependents) of O-1's are admitted under O-3 status with the same restrictions as the principal.
2. They may not work in the U.S. under this classification.

XVI. TN Visa

1. Qualifying Criteria:

1. Available to Canadian or Mexican citizens;

2. TN employment must be in a profession listed in NAFTA Appendix 1603.0.1 and the TN employee, such as accountants, architects, computer systems analysts, engineers, librarians, social workers, urban planners. Research and design, manufacture, production, marketing, sales, distribution, public relation;

3. Most TN professionals require a minimum of a bachelor or Licenciatura degree; and

4. Some require that the individual is a licensed professional.

2. Documents:

1. For a Canadian citizen:

This classification does not require a petition for employment if the alien is a Canadian citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry. They must provide:

a. A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;

b. Evidence that the beneficiary meets the education and/or alternative credentials for the activity;

c. Evidence that all licensure requirements, where applicable to the activity, have been satisfied;

d. Evidence of Canadian citizenship. Passport

2. For a Mexican citizen:

a. An employer in the United States must file the I-129 petition and must file it with:

b. A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;

c. Evidence that the beneficiary meets the education and/or alternative credentials for the activity;

d. Evidence that all licensure requirements, where applicable to the activity, have been satisfied;

e. Evidence of Mexican citizenship; (Passport) and

f. A certification from the Secretary of Labor that the petitioner has filed the appropriate labor condition application or labor attestation for the specified activity.

3. Length:

4. Note:

1. For Canadians, TN applications can be made at any INS border post on the Canada/U.S. border, as well as at any INS preflight Inspection Office in various Canadian airports. Mexican applicants must obtain prior approval by filing a petition with the USCIS, and then applying for a visa at a U.S. consulate.

2. There is no annual limit on TN-1 admissions from Canada. There is a yearly cap for Mexican TN professionals of 5,500 admissions.

3. No dual intent.

V. V Visa

A. Qualifying Criteria:

A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if that person:

1. is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2); and
2. is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; and
3. has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved but:
4. an immigrant visa is not yet available; or,
5. there is a pending application to adjust status or application for an immigrant visa.

The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.

B. Documents:

I-539, I-693 and supplementary documents

1. Valid passport
2. Birth certificate
3. Divorce or death certificate of any previous spouse
4. Police certificate from all places lived since age 16
5. Medical examination
6. Evidence of support (including Form I-134)
7. Evidence of valid relationship with the petitioner
8. Photographs

C. Note:

The V visas for adults will be valid for multiple requests for entry for ten years; for children under the age of 11, these visas will also be issued for multiple entries and with a 10 validity date; for children 11 years old or older, the visa will be valid for multiple requests to enter and will remain valid until the holder's 21st birth day.

Immigration Visas

I. Investment Immigration Visa EB-5

1. Qualifying Criteria:

1. Applicants establish a new commercial enterprise by:
   • creating an original business;
   • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
   • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
2. Applicants have invested -- or who are actively in the process of investing -- in a new commercial enterprise:
   • at least $1,000,000, or
   • at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
3. Whose engagement in a new commercial enterprise will benefit the United States economy and:

a. create full-time employment for not fewer than 10 qualified individuals; or

b. maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

2. Documents:

Form I-526 and necessary documents. I 485 or apply for immigration visa

3. Note:

1. Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an CIS-designated “Regional Center.”

A "Regional Center:"

• Is an entity, organization or agency that has been approved as such by the Service;
• Focuses on a specific geographic area within the United States; and ,
• Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

"Alien investors" must:

• Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
• Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.

2. Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children.

3. Eligible investors must file a CIS Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of an Alien Investor’s admission to the United States as a conditional resident.

II. EB-1

1. Aliens with extraordinary ability
   1. Qualifying Criteria:

a. Applicant possesses extraordinary ability in the arts, sciences, education, business or athletics.

1. 2. Documents: (Three of the following will suffice.)

a. Documentation of the alien's receipt of lesser nationally or internationally- recognized prizes or awards for excellence in the field of endeavor;

b. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

c. Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;

d. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;

e. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;

f. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

g. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;

h. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

i. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

1. 3. Note:

a. Those applicants can become permanent residents without going through the labor certification process.

b. They are permitted to “self-petition.”

2. Multinational Executives and Managers

1. Qualifying Criteria:

a. The applicant must have been employed in a managerial or executive capacity for at least one out of the past three years.

b. The past employment must be with the same employer, an affiliate, a parent or a subsidiary.

c. The petitioning employer must have been doing business in the U.S. for at least one year.

d. To qualify as an executive, the worker must:

1) direct the management of the organization or a major component or function of the organization;

2) establish the goals and policies of the organization, component or function;

3) exercise wide latitude in discretionary decisionmaking; and

4) receive only general supervision from higher level executives, the board of directors, or stockholders of the organization.

e. To qualify as a manager, the worker must:

1) manage the organization, or a department, subdivision, function, or component of the organization;

2) supervise and control the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;

3) have the authority to hire and fire supervised employees, or recommend them for promotion or other personnel action, or (if there are no immediate supervisees) function at a senior level within the organizational hierarchy; and

4) exercise direction over the day to day operations of the activity or function over which the worker has authority.

2. Documents:

1. Academic diploma of the persons the applicant supervises.

b. Evidence of the qualifying relationship between the U.S. and the foreign employer which address ownership and control, such as an annual report, copies of articles of incorporation, financial statements, or stock certificates;

c. A letter from the alien's foreign qualifying employer detailing his or her dates of employment, job duties, qualifications and salary and demonstrating that the alien worked for the employer abroad for at least one continuous year within the three-year period before the filing of the petition in an executive or managerial capacity; and

d. A detailed description of the proposed job duties and qualifications and evidence the proposed employment is in an executive or managerial capacity.

3. Note:

1. Those applicants can become permanent residents without going through the labor certification process.
2. They are permitted to “self-petition.”

III. EB-2 Outstanding Professors and Researchers

2. 1. Qualifying Criteria:

1. Applicants must possess advanced degrees or exceptional ability

2. They are members of the professions holding advanced degrees or their equivalent; and

3. Because of their exceptional ability in the sciences, arts, or business, they will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

4. To be considered outstanding, a professor or researcher must be internationally recognized as outstanding in his or her specific academic area and must meet certain other requirements (such as three years teaching or researching experience in the field and arriving to take a tenure or tenure-track position).

2. 2. Documents

1. Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field;
2. Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members;
3. Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;
4. Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
5. Evidence of the alien's original scientific or scholarly research contributions to the academic field; or
6. Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

IV. EB-3 professionals, skilled workers, and other workers

1. Qualifying Criteria:
   1. Aliens should possess at least two years of experience as skilled workers, professionals with a baccalaureate degree,
   2. and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
2. Documents:

ETA-750 and I-140 and necessary documents required by these two forms.

V. Immigration Through Spouse

1. Spouse is in the U.S.

1. Qualifying Criteria:

1. Bona Fide marriage with U.S. citizen or Lawful permanent resident

2. Documents:

1. The U.S. spouse or Lawful permanent resident spouse should file a petition with USCIS with following documents:

1) I-130

2) Biographical forms (forms G-325A) for both the husband and the wife with photos attached;

3) Proof of the citizenship or permanent resident status of the petitioner. This can take the form of a U.S. Passport, a Certificate of Naturalization or Citizenship or a certified copy of the citizen's birth certificate or copy of the permanent resident card;

4) A certified copy of the marriage certificate;

5) Certified copies of the documents that terminated any previous marriages of the husband or wife, including final divorce decrees, and certificates of annulment or death.

2. The foreign-born spouse should submit an application for adjustment of status with the following documents:

I-797, I-485, I-864, I-765, I-131, two green card photos.

3. Note:

If the marriage takes place during removal proceeding, the beneficiary of I-130 petition needs to overcome the presumption of fraud.

2. If the Spouse is outside of the U.S.

1. Qualifying Criteria:

a. Bona Fide marriage with U.S. citizen or Lawful permanent resident

2. Documents:

1. I-130, G-325, Photos of both spouses,
2. Proof of American citizenship or lawful permanent resident, marriage certificate,
3. Proof of the law termination of previous marriage,
4. I-864,
5. Foreign spouse’s passport, proof of police clearance, and the medical report.

3. Removal of Conditional Status

5. 1. Qualifying Criteria:

a. Both spouses must submit a joint petition (form I-751) to remove the two-year condition within the 90-day period immediately preceding the end of the two year period.

b. If the marriage has terminated by reason of divorce, death of the citizen spouse or spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement.

5. 2. Documents:

1. I-751,
2. Copy of temporary green card, joint account, joint lease, joint tax return,
3. Declaration from two witnesses to prove the bona fide marriage, the birth certificate of child from the marriage if there is any.
4. The prove of legal termination of previous marriage,
5. Prove of abuse if the applicant wants to have a waiver.

VI. Immigration Through Parents

1. Qualifying Criteria

1. A U.S. citizen can petition

• A child (unmarried and under 21 years of age)
• An unmarried son or daughter (over 21 years of age)
• A married son or daughter of any age

2. A lawful permanent resident can petition

• A child (unmarried and under 21 years of age)
• An unmarried son or daughter (over 21 years of age)

2. Documents:

1. Parents need to file a petition with following documents.

If Petitioner is a U.S. citizen applying to bring a child or son or daughter to the United States to live and the petitioner is the mother of the child, she must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of her birth certificate or U.S. passport
• If she was not born in the United States, a copy of either:
  • her Certificate of Naturalization or Citizenship or
  • her U.S. passport
• A copy of the child’s birth certificate showing her name and the child’s name
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

If the petitioner is a U.S. citizen and the father or stepparent of the child or son or daughter, he or she must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of petitioner’s birth certificate or U.S. passport
• If the petitioner was not born in the U.S., a copy of either:
  • petitioner’s Certificate of Naturalization or Citizenship or
  • petitioner’s U.S. passport
• A copy of the child’s birth certificate showing the child’s name and the names of both parents
• A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18^th birthday)
• A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
• Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

If petitioner is a U.S. citizen and the adoptive parent of a child or son or daughter who lived with you in your legal custody for two years while a child, you must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of petitioner’s birth certificate or U.S. passport
• If petitioner was not born in the U.S., a copy of either:
  • petitioner’s Certificate of Naturalization or Citizenship or
  • petitioner’s U.S. passport
• A copy of the child’s birth certificate showing the child’s name
• A certified copy of the adoption decree (the adoption must have taken place before the child reached the age of 16, with only one exception: if petitioner adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18)
• The legal custody decree if petitioner obtained custody of the child before adoption
• A statement showing the dates and places petitioner’s child has lived with you, and proof that petitioner’s child has lived with petitioner and has been in petitioner’s legal custody for at least two years
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

If Petitioner is a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and Petitioner is the mother of the child, Petitioner must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of petitioner’s alien registration card
• A copy of the child’s birth certificate showing petitioner’s name and the child’s name
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

If petitioner is a lawful permanent resident and the father or stepparent of the child, petitioner must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of petitioner’s alien registration receipt card
• A copy of the child’s birth certificate showing the child’s name and the names of both parents
• A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18^th birthday)
• A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by petitioner or petitioner’s spouse
• Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father has made financial contributions in support of the child. A blood test proving paternity may be necessary.
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted

If petitioner is a lawful permanent resident and the adoptive parent of the child or unmarried son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of petitioner’s alien registration receipt card
• A copy of the child’s birth certificate showing the child’s name
• A certified copy of the adoption decree (The adoption must have taken place before the child reached the age of 16. One exception: if petitioner adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18.)
• The legal custody decree if petitioner obtained custody of the child before adoption
• A statement showing the dates and places petitioner’s child has lived with petitioner, and proof that petitioner’s child has lived with petitioner and has been in petitioner’s legal custody for at least two years
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

2. If the beneficiary is in the U.S., he or she needs to file I-485, G-325, I-693, I-864, I-765

VII. Immigration through sons and daughters

1. Qualifying Criteria

1. The petitioner is US citizen.

2. The petitioner is above 21.

2. Documents:

1. The petitioner needs to file the following documents with USCIS

If the petitioner is applying to bring petitioner’s mother to live in the United States, petitioner must file the following with the U.S. Citizenship and Immigration Services

• Form I-130
• A copy of petitioner’s birth certificate showing petitioner’s name and petitioner’s mother’s name
• If petitioner’s name or the name of petitioner’s mother is different now than at the time of
• If petitioner was not born in the United States, a copy of either
  • Petitioner’s Certificate of Naturalization or Citizenship or
  • Petitioner’s U.S. passport

If petitioner is applying to bring petitioner’s father to the United States to live, petitioner must file the following with the U.S. Citizenship and Immigration Services

• Form I-130,
• A copy of petitioner’s birth certificate showing petitioner’s name and the names of both parents of petitioner.
• If petitioner’s name or petitioner’s father’s name is different from the name on petitioner’s birth certificate, petitioner must provide evidence of the legal name change.
• If petitioner was not born in the United States, a copy of either
• Petitioner’s Certificate of Naturalization or Citizenship or petitioner’s U.S. passport
• A copy of petitioner’s parents’ civil marriage certificate
• A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by petitioner’s mother or father was ended legally

If petitioner is applying to bring petitioner’s father to the United States to live and petitioner was born out of wedlock and was not legitimated by petitioner’s father before petitioner’s 18th birthday and while petitioner were unmarried, petitioner must file the following with the U.S. Citizenship and Immigration Services

• Form I-130,
• A copy of petitioner’s birth certificate showing petitioner’s name
• If petitioner was not born in the U.S., a copy of either
• petitioner’s Certificate of Naturalization or Citizenship or
• petitioner’s U.S. passport
• Evidence of the father-son or -daughter relationship
• Evidence that an emotional or financial bond existed between petitioner and petitioner’s father before petitioner was married or reached the age of 21.

If petitioner is applying to bring your father to the United States to live and petitioner was born out of wedlock and was legitimated by petitioner’s father before petitioner’s 18th birthday and while petitioner was unmarried, petitioner must file the following with the U.S. Citizenship and Immigration Services

• Form I-130,
• A copy of petitioner’s birth certificate showing petitioner’s name
• If petitioner was not born in the U.S., a copy of either
• petitioner’s Certificate of Naturalization or Citizenship or
• petitioner’s U.S. passport
• Evidence that petitioner was legitimated before petitioner’s 18th birthday through
  1. the marriage of petitioner’s birth parents, or
  2. the laws of the state or country where petitioner lives, or
  3. the laws of the state or country where petitioner’s father lives

If petitioner is applying to bring petitioner’s stepparent to the United States to live, petitioner must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130,
• A copy of petitioner’s birth certificate showing petitioner’s name and the names of petitioner’s birth parents
• If petitioner was not born in the U.S., a copy of either
• petitioner’s Certificate of Naturalization or Citizenship or
• petitioner’s U.S. passport
• A copy of the civil marriage certificate of petitioner’s birth parent to petitioner’s stepparent showing that the marriage occurred before your 18th birthday
• A copy of any divorce decrees, death certificates, or annulment decrees that would verify the termination of any previous marriage(s) entered into by your birth parent or stepparent

If petitioner is applying to bring petitioner’s adoptive parent to the United States to live, petitioner must file the following with the U.S. Citizenship and Immigration Services

• Form I-130,
• A copy of petitioner’s birth certificate showing petitioner’s name, or a copy of either petitioner’s Certificate of Naturalization or Citizenship or petitioner’s U.S. passport
• A certified copy of the adoption decree, showing that the adoption occurred before petitioner’s 16th birthday
• A sworn statement showing the dates and places petitioner has lived together with petitioner’s parent

2. If the beneficiary is in the U.S., he or she needs to file I 485, G 325, I 693, I 864, and I 765.
3. Note:
   1. if petitioner has been legally adopted, petitioner may not petition for petitioner’s birth parents
   2. if petitioner is filing for both parents, petitioner must file a separate petition for each parent)
   3. If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.

VIII. Immigration through brothers and sisters

1. Qualifying Criteria

1. The petitioner is US citizen.
2. The petitioner is above 21.

2. Documents

1. The petitioner needs to file the following documents with USCIS

If petitioner is a U.S. citizen seeking permanent resident status for petitioner’s brother or sister, and petitioner has the same mother, petitioner must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-130,
• A copy of petitioner’s birth certificate showing petitioner’s name and the name of petitioner’s mother
• If petitioner was not born in the United States, a copy of either
  • Petitioner’s Certificate of Naturalization or Citizenship or
  • petitioner’s U.S. passport
• A copy of petitioner’s brother’s or sister’s birth certificate showing his or her name and the name of petitioner’s mother

If petitioner is a U.S. citizen seeking permanent resident status for petitioner’s brother or sister, and petitioner has the same father but different mothers, petitioner must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-130
• A copy of petitioner’s birth certificate showing petitioner’s name and the name of petitioner’s father
• If petitioner was not born in the United States, a copy of either
  • Petitioner’s Certificate of Naturalization or Citizenship or
  • Petitioner’s U.S. passport
• A copy of petitioner’s brother’s or sister’s birth certificate showing his or her name and petitioner’s father’s name
• A copy of petitioner’s father’s marriage certificate to each mother
• A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by petitioner’s parents or petitioner’s sibling’s parents ended legally

If petitioner is a U.S. citizen seeking permanent resident status for petitioner’s brother or sister, and petitioner was and/or petitioner’s brother or sister was born out of wedlock, and petitioner is related through petitioner’s father and was legitimated, petitioner must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130
• A copy of petitioner’s birth certificate showing petitioner’s name
• If petitioner was not born in the United States, a copy of
  • Petitioner’s Certificate of Naturalization or Citizenship or
  • Petitioner’s U.S. passport
• A copy of petitioner’s brother’s or sister’s birth certificate showing his or her name
• Evidence that the person who was born out of wedlock was legitimated before reaching the age of 18 and while unmarried through

• 1. the marriage of that person’s natural parents
  2. the laws of petitioner’s or petitioner’s brother’s or sister’s country of residence or domicile, or
  3. the laws of the father’s country of residence or domicile

If petitioner is a U.S. citizen seeking permanent resident status for petitioner’s brother or sister, and petitioner was and/or petitioner’s brother or sister was born out of wedlock and not legitimated, and petitioner is related through petitioner’s father, petitioner must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130
• A copy of petitioner’s birth certificate showing petitioner’s name
• If petitioner were not born in the United States, a copy of
  • Petitioner’s Certificate of Naturalization or Citizenship or
  • Petitioner’s U.S. passport
• A copy of petitioner’s brother’s or sister’s birth certificate showing his or her name
• Evidence that an emotional or financial bond existed between petitioner’s father and the child who was born out of wedlock (either petitioner or petitioner’s brother or sister or both of petitioner and petitioner’s sibling) before that child was married or reached the age of 21

If petitioner is a U.S. citizen seeking permanent resident status for petitioner’s stepbrother or stepsister, petitioner must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-130
• Petitioner’s birth certificate showing petitioner’s name and petitioner’s common parent’s name (if petitioner’s father married petitioner’s stepsibling’s mother, petitioner’s father’s name must be visible on the birth certificate; if petitioner’s mother married petitioner’s stepsibling’s father, petitioner’s mother’s name must be visible on the birth certificate)
• If petitioner was not born in the United States, a copy of
  • Petitioner’s Certificate of Naturalization or Citizenship or
  • Petitioner’s U.S. passport
• A copy of petitioner’s stepbrother’s or stepsister’s birth certificate showing his or her name and your common parent’s name (see above)
• If petitioner’s stepsibling is or has been married, petitioner must provide evidence of the marriage(s) in order to prove that petitioner’s stepsibling was once a “child” of the stepparent
• A copy of the civil marriage certificate of petitioner’s natural mother to petitioner’s natural father and petitioner’s stepsibling’s natural mother to his or her natural father
• Proof that any previous marriages entered into by petitioner’s and petitioner’s stepsibling’s father and mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees)
• A copy of the civil marriage certificate between a) petitioner’s father and petitioner’s stepmother or b) petitioner’s mother and petitioner’s stepfather, whichever is applicable

If petitioner is a U.S. citizen seeking permanent resident status for petitioner’s stepbrother or stepsister and petitioner was and/or petitioner’s stepsibling was born out of wedlock, and petitioner is related through petitioner’s father, and the child born out of wedlock was legitimated, petitioner must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-130
• Petitioner’s birth certificate showing petitioner’s name and petitioner’s father’s name
• If petitioner was not born in the United States, a copy of
  • Petitioner’s Certificate of Naturalization or Citizenship or
  • Petitioner’s U.S. passport
• A copy of petitioner’s stepbrother’s or stepsister’s birth certificate showing his or her name and the name of petitioner father.
• Evidence that petitioner were and/or petitioner’s stepsibling was legitimated before reaching the age of 18 and while still unmarried through:

• 1. the marriage of that person’s natural parents
  2. the laws of petitioner’s or petitioner’s stepbrother’s or stepsister’s country of residence or domicile, or
  3. the laws of petitioner’s father’s residence or domicile

If petitioner is a U.S. citizen seeking permanent resident status for petitioner’s stepbrother or stepsister and petitioner was and/or petitioner’s stepsibling was born out of wedlock and not legitimated, petitioner must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-130
• Petitioner’s birth certificate showing petitioner’s name and petitioner’s common parent’s name (if petitioner’s father married petitioner’s stepsibling’s mother, petitioner’s father’s name must be visible on the birth certificate; if petitioner’s mother married petitioner’s stepsibling’s father, petitioner’s mother’s name must be visible on the birth certificate)
• If petitioner was not born in the United States, a copy of
  • Petitioner’s Certificate of Naturalization or Citizenship, or
  • Petitioner’s U.S. passport
• A copy of petitioner’s stepbrother’s or stepsister’s birth certificate showing his or her name and petitioner’s common parent’s name (see above)
• A copy of the marriage certificate between a) petitioner’s father and petitioner’s stepmother, or b) petitioner’s mother and petitioner’s stepfather, whichever is applicable (the date of the marriage must be prior to the date on which the child who was born out of wedlock reached the age of 18 or was married)
• Proof that any previous marriages entered into by petitioner’s or petitioner’s stepsibling’s father or mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees)
• Proof that a bona fide parent-child relationship existed between petitioner’s common parent and the child who was born out of wedlock before that child reached the age of 21 or was married

2. If the beneficiary is in the U.S., he or she needs to file I 485, G 325, I 693, I 864, and I 765.
3. Note:

If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.