What Kind of U.S. Visa Do I Need to Study In The USA?

Students wishing to study in the USA are able eligible for three different U.S. visas:

F-1 Student Visa. 

This visa covers private high schools, colleges, graduate and professional degree programs (i.e. medicine, law, dentistry, etc.) provided that the educational program is intended for a degree. To be eligible, the applicant must be accepted into a school and be issued a SEVIS ID Number. Once the applicant receives his/ her SEVIS number, he or she can proceed by filling out a DS 160 online application and paying the appropriate visa fee. After the fee is paid, he or she will need to schedule an interview. An American consular officer interviewing the applicant will determine whether he or she qualifies for the F-1 Student Visa. 

M-1 Vocational Visa. 

This visa is intended for vocational or non-degree programs such as commercial airline pilot training or short term culinary studies. Like an F-1 Student Visa, an applicant must be admitted into a school and be issued a SEVIS ID number. Also, like an F-1 Student Visa, an American consular officer will determine whether she or she has enough ties to their home country which would require them to return following the completion of their temporary stay studying in the United States.

J-1 Student Exchange Visa. 

This visa is for high school and college students who are interested in participating as exchange students. Although a J-1 is a non-degree program visa, a J-1 visa can be particularly special and beneficial to high school students as they will be living with an American host family during their semester or one-year study program in the United States. In addition, they will be attending public schools whereas an F-1 Student Visa is limited to private schools. To be eligible for a J-1 student exchange visa, he or she must be sponsored under a designated program. Like the F-1 and M-1 visas, they must be interviewed by an American consular officer who will determine eligibility for the visa. 

For more information, contact us.

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What Do You Need to Get a Visa for the USA?

In order to be issued a U.S. visa, you must apply directly through either the U.S. Embassy in Hanoi or the U.S. Consulate in Ho Chi Minh City. All applicants are required to fill out a DS 160 online application and pay the visa processing fee. The fee depends on the type of visa you are applying for which ranges from US$160 (VND3,840,000) to US$265 (VND4,920,000). The fee can be paid over the counter at any Vietnam Post branch. All visa processing fees are non-refundable once paid.

After you have paid your visa processing fee and completed the DS 160 online application, you may schedule an appointment. Scheduling an appointment can be done either over the phone or online.

On the day of your scheduled interview, it is recommended that you arrive between 20-30 minutes early. In addition to the DS 160 online application confirmation page and your passport, you are welcome to bring supplemental documentation such as tax returns, bank statements, proof of home ownership, employment certificates, and any additional information that could be used to demonstrate that you fully intend on returning to Vietnam following your temporary trip to the United States. While supplemental documentation is not required, the interviewing consular officer may request to see the documentation.

Always remember to smile at the consular officer and answer the questions truthfully. If approved, your visa will be issued and sent via courier to your designated address.

For more information, contact us at info@enterlinepartners.com

What Questions Will the U.S. Consulate in Ho Chi Minh City Ask My Vietnamese Fiance During Their Interview?

When your Vietnamese fiance undergoes his or her interview at the U.S. Consulate in Ho Chi Minh City for a K-1 visa, the interviewing consular officer will ask him or her questions regarding your relationship. While the number of questions, as well as the amount of detail, will vary according to the individual case, here is a list of questions that may come up.

- What is your fiance’s name?

- Where was your fiance born?

- When is your fiance’s birthday?

- Where and how did you meet your fiance?

- What are your fiance’s hobbies & interests?

- What are your hobbies and interests?

- What does your fiance do for a living?

- What do you do for a living?

- Was your fiance married previously?

- What are your fiance’s parents’ names?

- Where do you plan to live in the United States?

- How many times have you seen your fiance since filing the petition?

- What is your fiance’s current address?

- What religion is your fiance’s?

- What is your religion?

- Does your fiance speak and understand Vietnamese?

- Why do you want to come to the United States?

- Did you have an engagement party/Who was there?

- Do you have honeymoon plans?

- What is your fiance’s phone number/email address?

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Do You Need an Immigration Lawyer to Represent to File a K-1 Visa for Your Vietnamese Fiance?

A common question asked by potential clients is do you need an immigration lawyer to file a K-1 visa for your Vietnamese fiance? The short answer is no, you do not need a lawyer. However, having a lawyer represent you and your fiance through the process has advantages.

An immigration lawyer is a licensed professional.

Unlike visa companies or agencies that rely on non-lawyers, an immigration lawyer is board
certified in the United States and licensed to represent clients for immigration matters all over the world. 

An immigration lawyer holds deep and thorough knowledge of the overall process.

Just like a doctor who is able to make a diagnosis very quickly upon examining a patient symptoms, an immigration lawyer is able to review and quickly offer solutions to potential issues that could arise with a K-1 visa for your Vietnamese fiance. Some of these issues that are common include language and culture barriers between the U.S. citizen and Vietnamese fiance, age gaps, and social economic gaps. By consulting and retaining an experienced immigration lawyer who has experience in working with Vietnamese clients, you will take comfort in knowing that you are working with a professional who can offer solutions and strategies. 

An immigration lawyer can represent you and your fiance with numerous U.S. immigration agencies.

Obtaining a U.S. fiance visa for your Vietnamese fiancee involves two U.S. immigration agencies- United States Citizenship and Immigration Services (USCIS) and the Department of State. When you retain an immigration lawyer to file the petition with USCIS, they will submit a USCIS Form G-28 Attorney Representation Form indicating that you and your fiance are being represented. In the event that there are problems with processing at USCIS, an immigration lawyer can speak with the agency and file additional documentation on your behalf. Once the petition is approved and sent to the U.S. Consulate in Ho Chi Minh City, an immigration lawyer can continue to represent you and your fiance without having to file additional documentation. 

For more information on how consulting and hiring a U.S. immigration lawyer can be beneficial to you and your Vietnamese fiance, contact us at info@enterlinepartners.com to speak with one of our immigration lawyers.

EAP Co-Founder David Enterline Presents at Immigration and Investment Summit

Enterline and Partners co-founder and immigration lawyer David Enterline recently spoke at the Investment Immigration Summit in Ho Chi Minh City, Vietnam. David was a speaker on the panel session entitled "Alternative residency and investment pathways to the U.S. – beyond EB-5”. The focus of the discussion was alternatives pathways that are available to investors who want to invest and live in the U.S. besides EB-5, or in conjunction with an EB-5 investment. This is the fifth Investment Immigration Summit that David has spoken at. He has also spoken at these events in Hong Kong and Mumbai, India. He will also be speaking at the Investment Immigration Summit in Singapore in June.

Trump has no interest in addressing border issues or immigration reform

While this recent op-ed (opinion-editorial) article in the Los Angeles Times, focuses on President Trump and his ongoing war with the U.S. and Mexico border and its illegal immigration issues, the article points out that the Trump administration has, according to the American Immigration Lawyers Association (AILA), radically slowed the processing of immigration applications and immigration benefits. As AILA members and U.S. immigration lawyers, we see this radical effect sweeping through the whole of the legal immigration system. Long delays, head-scratching requests, embarrassing mistakes in issuing documentation such as I-551 “green cards”, and increasing inefficiencies are becoming the norm and not the exception. 

This may lead to the perception that American has become anti-immigration and anti-immigrant. This is not the case. Certainly, there are some in the United States who are against immigration and do not want to welcome immigrants, but this is a minority and mostly only a vocal Trump base of supporters. Remember, the United States is a country of immigrants, a melting pot of people from all over the world, and it will remain so for many years to come. Its Immigration laws are set by Congress and are not controlled by whatever current administration is in power. Yes, a President has the power to influence, and in some extremely special cases, might enact an Executive Order in the name of National Security, but these situations are rare and more rarely are upheld by the courts. 

At Enterline and Partners, we are experienced in representing our clients before the United States Citizenship and Immigration Service (USCIS), the U.S. Department of State (USDOS) and its consulates, and other government agencies for all types of petitions and applications, whether it is an I-130 petition for a family member, an I-140 for an employment visa, and I-526 immigrant investor (EB-5) petition or the many non-immigrant visa categories such as the B-1/B-2, E-1, E-2, F-1, J-1, K-1, L-1 visas. Contact us and we will help you navigate through the process of going to the United States.

ENTERLINE & PARTNERS CONSULTING
🏢 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
📞 0933 301 488
📧 info@enterlinepartners.com
🌎 http://enterlinepartners.com

What is the Two-Year Meeting Requirement Waiver for an I-129F Petition for Alien Fiance?

All U.S. citizens seeking to file an I-129F Petition for Alien Fiance with the U.S. Citizenship and Immigration Services (USCIS) must demonstrate that they have met their fiance(e) in person within two years of filing the petition. Those who have not met their fiance(e) in person within two years would still like to file an I-129F may do so provided USCIS waives the two-year meeting requirement. 

Applying for a waiver must be done in conjunction with the original I-129F filing. There are two scenarios of how a meeting requirement waiver may be granted:

1. If meeting between the petitioner and beneficiary would result in “extreme hardship” to the petitioner;


2. If such meeting would violate long-standing customs of the beneficiary’s culture.

Extreme Hardship to the Petitioner

USCIS interprets extreme hardship to the petitioner as showing that it is close to physically impossible for the petitioner to be able to meet the beneficiary. For example, the petitioner not being financially able to make a trip to meet the beneficiary or the petitioner not being able to have enough time off work to meet the beneficiary is not viewed as extreme hardship. However, if the petitioner is suffering from a medical condition in which they are physically unable to travel may be seen as extreme hardship. At the same time, the petitioner being unable to travel because they are incarcerated or on parole is normally not seen as extreme hardship to the petitioner.

Meeting Prior to Marriage Would Violate of Long-Standing Customs of the Beneficiaries Culture

In situations where it is physically possible for the couple to meet but doing so would violate long-standing customs of the beneficiary's culture, a waiver may be sought. However, proving that such a meeting would violate long-standing cultural traditions must be backed up by hard evidence. One example may be that in certain cultures, it is a long-established tradition for a couple not to have physically met until their wedding night.

For more information, contact us:

ENTERLINE & PARTNERS CONSULTING
🏢 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
📞 0933 301 488
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🌎 http://enterlinepartners.com

What is the Two-Year Meeting Requirement to File an I-129F Petition for Alien Fiance?

A U.S. citizen seeking to petition his or her foreign fiance for a K-1 visa must demonstrate that they have physically met their fiance within two years of filing the petition with the U.S. Citizenship and Immigration Services (USCIS). While USCIS does not provide guidance on the amount of time the couple must have physically spent together, the U.S. citizen petitioner will nonetheless be required to submit proof of such meeting. Such examples include the U.S. citizen’s passport showing admission stamps visiting his or her foreign fiance in their home country, airline reservations and ticket stubs, hotel/ Airbnb reservations, restaurant receipts, and pictures of the couple as well with friends and family. 

Once gathered, the documentation evidencing must be submitted with the initial I-129 Petition for Alien Fiance to USCIS. If during the adjudication process it is determined that the two-year meeting requirement has not been established, USCIS will issue a Request for Evidence (RFE) enabling the petitioner to submit additional information to show that the two-year meeting requirement has been established. 

If you have any questions about US immigration, contact us to get a consultation from experienced US immigration lawyers.

ENTERLINE & PARTNERS CONSULTING

3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

0933 301 488

info@enterlinepartners.com

http://enterlinepartners.com

What Documents Are Needed in a Form I-130 Petition for a Foreign Spouse?

A USCIS Form I-130 is a Petition for Alien Relative. A U.S. citizen or Lawful Permanent Resident (green card holder) is eligible to petition his or her foreign spouse to immigrate to the United States. 

Along with a Form I-130 and accompanying Form I-130A, supporting documentation is also submitted when the petition is filed with the United States Citizenship and Immigration Services (USCIS). These include the following:

• Copy of the U.S. Citizens passport or if the petitioner is a green card holder, a copy of their green card and foreign passport.
• U.S. size passport photos of the petitioner and beneficiary.
• Copy of the foreign spouse's passport.
• Copy of the foreign spouses birth certificate.
• Marriage certificate between the petitioner and foreign spouse.
• Copies of previous marriage terminations from the petitioner or beneficiary (divorce or annulment decrees or death certificates).
• Copies of birth certificates of children born between the petitioner and beneficiary.
• Family photos of the petitioner and beneficiary taken over the course of their relationship. 

All documentation submitted to USCIS must be translated into English if the original document is in a foreign language. For more information or questions regarding the required documentation in petitioning a foreign spouse, contact an immigration lawyer for assistance.




by: Enterline and Partners Consulting

What is a Form I-130A Supplemental Information for Spouse Beneficiary?

A Form I-130A is a supplemental form that is submitted with a Form I-130 Petition for Alien Relative and supplemental documentation to the United States Citizenship and Immigration Services (USCIS). A Form I-130A is only included when a U.S. Citizen or Lawful Permanent Resident (Green Card Holder) is petitioning his or her foreign spouse. A Form I-130A is not required for all other Form I-130 filings (i.e. parents and children). 

The I-130A asks specific information related to the foreign spouse. This includes the names, place
of birth, and birth dates of his or her parents; previous and current addresses, previous marriages (if any); and other questions which the foreign spouse must answer truthfully. 

Once completed and submitted with the accompanying Form I-130 documentation, USCIS will commence processing. If USCIS determines that any additional information is needed, the agency will send out a Request for Evidence also known as an RFE. 

For more information or questions concerning a Form I-130A, contact an immigration attorney for further assistance.




by: Enterline and Partners Consulting