Thursday, September 1, 2011

Q Visas - How They Are Obtained And Who Is Eligible

The Q visa is a special type of visa that is designed to allow the entry to the USA of visitors on an international exchange program. The most common type applied for is the Q-1 visa. This is intended to facilitate the sharing of cultures from different parts of the world, and can be applied for by residents of any country, if they are coming to the USA to take part in a cultural exchange program. If you need help in understanding the process for obtaining one of these visas, you should consult a qualified immigration lawyer.

Requirements For A Q-1 Visa Program
For a program to be approved for the purposes of obtaining a Q-1 visa, it has to meet the following criteria:
· It must be located in a museum or school, or a similar environment where the public can have access to the presentation of an overseas culture – not in a private home or business.
· The program must have a cultural component that will be an integral part of the visa holder’s responsibilities.
· This component must be constructed in a way that will demonstrate the traditions and customs of the visa holder’s country.

How To Obtain Program Approval
For a program to be approved for Q-1 visa purposes, the employer must take the following steps:
· File Form I-129 along with the Q visa supplement, and full documentation of the program.
· Provide evidence that the company carries out international cultural exchange programs, with a designated manager to administer them.
· Demonstrate that the holder of the Q-1 visa will benefit from the same compensation structure and work conditions as a US employee would receive.

If there is any confusion about program approval, the employer should consult a qualified immigration attorney for clarification.

How Does An Individual Obtain A Q-1 Visa?
The application for a Q-1 visa is made simultaneously with, or immediately after, the application for program approval. The applicant must fulfill the following requirements:
· Must be 18 years of age or over.
· Must possess a certified qualification to carry out the services designated in the program approval.
· Must have sufficient language ability to be able to communicate the information about the culture of the country of origin to the American public.
· The maximum stay is 15 months, after which the applicant has to be out of the USA for at least 12 months before reapplying.

What Is A Q-2 Visa?
A Q-2 visa, or Walsh Visa, is a special type of Q visa which was created as part of the Irish peace process. The purpose was to provide training and employment opportunities for young people affected by the Troubles. The visas were originally only valid for the years 2000-2002, but have been extended. The requirements to apply are that the applicant:
· Must be between 18 and 35 years of age.
· Must be from Northern Ireland, or from one of the six counties of the Republic that border on Northern Ireland.
· Must have been unemployed for the past few months, or have completed a publicly funded training program, or, if employed, have been nominated by the employer. In the latter case the US experience must be clearly shown to benefit both employer and employee.
· Must have found a US employer to provide employment.

To obtain a full understanding of the requirements for the Q-1 visa and the Q-2 visa, it is essential to consult a qualified attorney from an immigration law firm. The only way to ensure that a correct application is prepared, and that you have the right documentation, is to use specialized immigration lawyers. By checking that your immigration attorneys are qualified in these matters, you will be assured of fast processing through this complex area.

Legal Help to Avoid Deportation

Many people find that immigrating to the US or Canada offers opportunities that were not available in their homeland.   There are options for academic, financial and community involvement that might not have been offered in the old country.  For many, the move to a new country will involve securing an immigration lawyer to ensure that the newly found ways of life are note ended tragically through deportation.  Moving to a new country is not guarantee that you can live the rest of your life there, but immigration lawyers can help persons to understand the necessary steps to maintain the status as well as the best method of obtaining a Third Country National Visa.

Definition of a Third Country National Visa.

The third country visa is obtained through a recognized consulate allowing the holder to enter countries that are not of the holder's national origin.  Once the third country visa has been validated by either the US or Canadian consulate, the party has the freedom to pass through the endorsing country.  The application process is usually straightforward and the applicant will need the following documents:

Application
Passport
Passport photo
Records of arrival and departure since last entrance into US
Valid legal status proof since last entry into US
Country of origin connection proof

Persons that ignore the requirements for these forms can be at risk of deportation.  In addition, the applicant must pay fees and supply approval notice of the desired status of the visa.  In addition, male applicants between 16 and 45 needs to supply a supplemental application for non-immigrant visa.
All of the forms must be correctly completed, and avoiding these requirements may eventually put you at risk for deportation. Other requirements include paying a fee for the visa application and in some cases notice of approval for your desired visa status. Visa applicants who are men between the ages of 16 and 45must submit another required form, namely:
Defining Deportation
Deportation is the legal removal of a person who does not hold citizenship in the country.  Countries can deport immigrants for any number of reasons.  Help from the staff of an immigration law firm is often helpful in preventing deportation.

The process of deportation generally starts in the US Department of Homeland Security.  The visitor is given notice to appear at a court.  A judge must rule a person as ineligible to remain in the country.  Receipt of a notice is not an automatic deportation, and hiring immigration attorneys that are competent in their field may help in the process of working through the claim.   The good immigration lawyer helps applicants to avoid removal from the country.  The same advice is applicable to Canadian immigration as well.  The law office is able to help to avoid legal deportation.