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Posts Tagged ‘EB-5 Visa India’

11th January 2011

Those who read this blog with any regularity may have noticed that the administration routinely posts the holiday closing schedules of the multiple United States Embassies and United States Consulates in Asia. This is done in an effort to hopefully forestall fruitless trips to an American Embassy abroad on a holiday. The following was quoted directly from the United States Consulate in Hyderabad, India:

DAY DATE HOLIDAY TYPE
Friday December 31, 2010* New Year’s Day (American)

Friday January 14 Sankranthi (Indian)
Monday January 17 Martin Luther’s King’s Birthday American
Wednesday January 26 Republic Day Indian
Monday February 21 Washington’s Birthday American
Monday April 4 Ugadi Indian
Friday April 22 Good Friday Indian
Monday May 30 Memorial Day American
Monday July 4 Independence Day American
Monday August 15 Independence Day Indian
Wednesday August 31 Idu’l Fitr# Indian
Thursday September 1 Ganesh Chaturthi Indian
Monday September 5 Labor Day American
Thursday October 6 Dusshera Indian
Monday October 10 Columbus Day American
Wednesday October 26 Diwali Indian
Monday November 7 Idu’Zua Indian
Friday November 11 Veterans Day American
Thursday November 24 Thanksgiving Day American
Monday December 26** Christmas Day American

* In lieu of January 1, 2011 (Saturday)

** In lieu of December 25, 2011 (Sunday)

(#)  Exact date to be confirmed according to the lunar calendar

Note: In the year 2011, one Indian National Holiday, Mahatma Gandhi’s Birthday, falls on Sunday. The post will observe this holiday on Sunday, October 2, 2011.

Those seeking issuance of a Consular Report of Birth Abroad, US Passport, or new visa pages for a previously issued United States Passport are well advised to contact an American Citizen Services Section of the nearest US Embassy or Consulate. In many cases, those seeking such services can make an appointment in advance and thereby streamline the overall process.

For those wishing to visit the official homepage of the US Consulate in Hyderabad directly please click HERE.

Those seeking non-immigrant visas such as the US tourist visa are generally required to process their application through a Non-Immigrant Visa Unit of a US Consulate abroad. In virtually all cases, such applications must be scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act.

Those seeking family based visas such as the IR-1 visa or the CR1 Visa are generally required to process such applications through an Immigrant Visa (IV) Unit. The K1 visa application, although technically for a non-immigrant US fiance visa, is processed in much the same manner as an Immigrant visa.

Those seeking an EB-5 visa (Immigrant Investor Visa) or an L-1 visa (intra-company transferee visa) are usually required to first obtain an approved immigration petition from the United States Citizenship and Immigration Service (USCIS).

For related information please see: K1 Visa India.

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11th January 2011

The following was directly quoted from the official website of the United States Consulate in Chennai, India:

The U.S. Mission will officially observe only the holidays listed below.

Date

Day

Holiday

Type

December 31, 2010*

Friday

New Year’s Day

American

January 17

Monday

Martin Luther King’s Birthday

American

January 26

Wednesday

Republic Day

Indian

February 21

Monday

Washington’s Birthday

American

April 14

Thursday

Dr. B.R. Ambedkar’s Birthday

(not for Karnataka)

Indian

April 22

Friday

Good Friday

Indian

May 30

Monday

Memorial Day

American

July 4

Monday

Independence Day

American

August 15

Monday

Independence Day

Indian

August 31

Wednesday

Idu’l Fitr (Ramzan)

Indian

September 1

Thursday

Vinayakar Chathurthi

Indian

September 5

Monday

Labor Day

American

October 5

Wednesday

Ayutha Pooja

Indian

October 6

Thursday

Vijaya Dasami

Indian

October 10

Monday

Columbus Day

American

October 26

Wednesday

Deepavali

Indian

November 1

Tuesday

Karnataka Rajyotsava Day

(for Karnataka only)

Indian

November 7

Monday

Idu’l Zuha (Bakrid)

Indian

November 11

Friday

Veterans Day

American

November 24

Thursday

Thanksgiving Day

American

December 26**

Monday

Christmas Day

American

* in lieu of January 1, 2011 (Saturday)
**  in lieu of December 25, 2011 (Sunday)

This blog routinely posts the holiday closing schedules of United States Posts abroad because this blogger has personally found himself at an American Mission that was closed due to observance of a holiday. It is hoped that by posting this information it will forestall this from happening to others in the future.

Those seeking the official homepage of the US Consulate in Chennai, India please click HERE.

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages for a previously issued American passport are well advised to contact an American Citizen Services Section of the nearest US Embassy or US Consulate. In many cases, those seeking services may book an appointment online and thereby streamline the overall processing of a request.

Those seeking a temporary visa such as a US Tourist Visa are likely to process their application through a Non-Immigrant Visa Unit at a US Post abroad. Those seeking such visas are generally scrutinized pursuant to the legal presumptions imposed by section 214(b) of the United States Immigration and Nationality Act.

Those seeking a US Marriage Visa for an Indian spouse are likely to process their IR-1 or CR-1 visa application through an Immigrant Visa (IV) Unit at a US Post abroad. In general, the K-1 visa, considered a non-immigrant US fiance visa, is treated in much the same way as immigrant visas for processing purposes.

Those wishing to acquire an EB-5 visa for investment purposes or an L-1 visa as an intra-company transferee must usually have an immigration petition approved by the United States Citizenship and Immigration Service (USCIS) prior to processing a visa application.

For related information please see: US Visa India.

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11th January 2011

The following is directly quoted from the official website of the United States Consulate in Kolkata, India:

The U.S. Consulate General, the Consular/Visa Section, the Public Affairs Office at the American Center comprising of The American Library(AIRC), USIEF(United States India Educational Foundation) and the United States Foreign Commercial Service at Kolkata, India will observe the following American and Indian holidays in the year 2011.

DATE

DAY

HOLIDAY

TYPE

December 31

Friday*

Substitute for New Year’s Day

American

January 17

Monday

Martin Luther King’s Birthday

American

January 26

Wednesday

Republic Day

Indian

February 21

Monday

Washington’s Birthday

American

April 22

Friday

Good Friday

Indian

May 30

Monday

Memorial Day

American

July 4

Monday

Independence Day

American

August 15

Monday

Independence Day

Indian

August 31

Wednesday

Id-Ul-Fitre

Indian

September 5

Monday

Labor Day

American

October 4

Tuesday

Astami – Durga Puja

Indian

October 5

Wednesday

Nabami – Durga Puja

Indian

October 6

Thursday

Dashami – Durga Puja

Indian

October 10

Monday

Columbus Day

American

October 11

Tuesday

Lakshmi Puja

Indian

October 26

Wednesday

Kali Puja

Indian
November 7

Monday

Id-Ul-Zoha

Indian

November 11

Friday

Veterans Day

American

November 24

Thursday

Thanksgiving Day

American
December 26

Monday**

Christmas Day

American


*In lieu of Saturday , 1/1/11
** In lieu of Sunday, 12/25/11

The administrator of this blog routinely posts the holiday closing schedules of various United States Missions in Asia in an attempt to forestall fruitless trips by Americans abroad to a US Embassy or US Consulate only to find such Posts closed in observance of either an American or, for these purposes, Indian holiday. Those wishing to obtain a Consular Report of Birth Abroad, US Passport, or additional visa pages in a previously issued US Passport are well advised to contact an American Citizen Services Section of the nearest United States Embassy or Consulate. In many cases, an appointment can be made in advance over the internet.

Those interested in visiting the official homepage of the American Consulate in Kolkata please click HERE.

Individuals seeking a temporary United States visa for tourism (B-2 visa), studying (F-1 visa), business (B-1 visa), or cultural exchange (J-1 visa) are usually required to process their application through a Non-Immigrant Visa (NIV) Unit of a United States Embassy or Consulate abroad. It should be noted that non-immigrant visa applicants must overcome the legal presumption enshrined in section 214(b) of the United States Immigration and Nationality Act.

Those seeking an American family based visa are generally required to process their application through an Immigrant Visa (IV) Unit abroad after the adjudication and approval of an immigration petition at the United States Citizenship and Immigration Service (USCIS). Although not technically an immigrant visa per se, the K-1 visa, a US fiance visa, is treated much the same way as an American immigrant visa for processing purposes.

Those seeking an L-1 visa or an EB-5 visa are also usually required to process an immigration petition through USCIS prior to making an application for an actual visa at a US Embassy abroad.

For related information please see: Consular Report of Birth Abroad.

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11th January 2011

Those who read this web log with any frequency may have noticed that the administration tries to post the holiday closing schedules of many of the US Embassies and US Consulates in Asia. This is done in an effort to forestall possibly fruitless trips to a closed US Embassy observing either an American or foreign holiday. The following is the holiday closing schedule of the United States Embassy in New Delhi, India as quoted directly from that Embassy’s official website:

Date Day Holiday Type
December 31,  2010* Friday New Year’s Day American
January 17 Monday Martin Luther King’s Birthday American
January 26 Wednesday Republic Day Indian
February 21 Monday Washington’s Birthday American
April 22 Friday Good Friday Indian
May 30 Monday Memorial Day American
July 4 Monday Independence Day American
August 15 Monday Independence Day Indian
August 22 Monday Janamashtami Indian
August 31 Wednesday Idu’l Fitr Indian
September 5 Monday Labor Day American
October 6 Thursday Dussehra (Vijaya Dashami) Indian
October 10 Monday Columbus Day American
October 26 Wednesday Diwali Indian
October 27 Thursday Govardhan Puja Indian
November 10 Thursday Guru Nanak’s Birthday Indian
November 11 Friday Veterans’ Day American
November 24 Thursday Thanksgiving Day American
December 6 Tuesday Muharram Indian
December 26** Monday Christmas Day American

*    in lieu of January 1, 2011 (Saturday)
**  in lieu of December 25, 2011 (Sunday)

Those seeking services such as the issuance of a Consular Report of Birth Abroad, US  Passport, or additional visa pages for a previously issued American passport are well advised to contact the American Citizen Services Section of an American Mission abroad. In  many cases, Americans seeking such services can make an appointment in advance. Making an advance appointment can greatly facilitate the processing of requests as Consular Officers are provided with an opportunity to foresee the customers needs when an appointment is made in advance. In order to make an appointment online one may be required to register an appointment on the US Mission’s official website.

Those seeking the homepage of the official website of the United States Embassy in New Dehli, India should click HERE.

Those seeking visas such as the US Tourist Visa (B-2 visa), US Student Visa (F-1 visa), US Exchange Visitor Visa (J-1 visa), or the US Business Visa (B-1 visa) may be required to process their visa application through a Non-Immigrant Visa (NIV) Unit at a US Consulate abroad. In many cases, such applications are scrutinized pursuant to section 214b of the United States Immigration and Nationality Act which can create difficulties for those applicants who cannot show “strong ties” to India and “weak ties” to the United States of America.

Those Indian Nationals with Lawful Permanent Residence or American Citizens wishing to obtain an IR-1 visa or a CR-1 visa for an Indian loved one will likely be required to process their visa application through an Immigrant Visa Unit abroad. Unless it is possible to execute a Direct Consular Filing for such a visa, it is likely that such a visa application would only be adjudicated after the initial adjudication of an immigration petition at the United States Citizenship and Immigration Service (USCIS). For application processing purposes it should be noted that the K1 visa, although a non-immigrant US fiance visa, is generally treated  in much the same manner as an immigrant visa application.

Those Indian Nationals seeking an EB-5 visa for immigrant investment purposes or an L-1 visa for an intracompany transferee are generally required to process an immigration petition at USCIS prior to visa application abroad.

For related information please see: K1 Visa India.

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23rd November 2010

The administrator of this blog recently came across a press release from the United States Mission in India. The following is quoted directly from the press release as distributed by the American Immigration Lawyers Association (AILA):

New Delhi – In an effort to make the visa application process more convenient for all Indians, the U.S. Embassy in New Delhi and Consulates General in Mumbai, Chennai, Kolkata and Hyderabad now accept visa applications from across India at all visa facilities, regardless of the applicant’s home address or city of residence. This is part of Mission India’s ongoing effort to facilitate legitimate travel to the United States.

Following the opening of Consulate General Hyderabad in 2008, the U.S. Mission has looked for ways to best capture the dynamism of India’s growth across the nation. As a result, we also redesigned our consular districts. Therefore, effective immediately, our consular districts will be reorganized as follows: Embassy Delhi: Bihar, Delhi, Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttarakhand, Uttar Pradesh, Bhutan; Consulate Mumbai: Goa, Gujarat, Madhya Pradesh, Maharashtra, Diu and Daman, and Dadra and Nagar Haveli; Consulate Hyderabad: Andhra Pradesh, Orissa; Consulate Chennai: Karnataka, Kerala, Puducherry, Lakshadweep, Tamil Nadu, Andaman and Nicobar Islands; Consulate Kolkata: Arunachal Pradesh, Assam, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, West Bengal

U.S. Ambassador to India Timothy J. Roemer said, “With these changes, we believe our Consulates General and our Embassy in New Delhi will be even better positioned to support and serve Indian visa applicants, as well as American citizens and businesses throughout India.”

Actions such as those noted above can have a tremendous positive impact upon those Indian Nationals seeking United States Immigration benefits as the ability to process such travel documents at any Post in India generally results in a great deal more convenience compared to the policy of keeping Consular jurisdictions mutually exclusive.

Each year, many Indian Nationals seek visa benefits of the United States of America. While some may seek US family visa benefits in order to reunite with loved ones. Other applicants seek non-immigrant visas for short terms stays in the USA. Still others seek employment based visas to the US such as the L1 visa. Meanwhile, there are some who opt to seek United States Permanent Residence by investment through use of the EB-5 visa program.

Policies such as the aforementioned one adopted by the US Mission in India should be applauded as this shows a sincere effort on the part of the Mission in India to take measures which may be beneficial to those seeking visas to America.

For related information please see: EB-5 Visa India.

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15th November 2010

As mentioned previously on this blog, the United States dollar is weakening relative to other currencies as other economies around the world strengthen. In a recent report from Reuters in India:

Foreign funds have so far in 2010 bought shares worth a record $28.3 billion, in addition to last year’s $17.5 billion. The rupee has gained 5 percent so far this year.

In terms of international trade, the announcement of a declining dollar could be viewed negatively. However, a comparatively weak United States dollar could turn out to be a boon for those Indian nationals interested in making a qualified investment in the USA while also accruing the benefit of United States Lawful Permanent Residence.

The EB-5 visa program was designed to provide a travel document and Lawful Permanent Residence to those who make an investment in the USA which meets the eligibility criteria set forth by American Immigration authorities such as the United States Citizenship and Immigration Service (USCIS), Department of Homeland Security, and the Department of State. Those interested in obtaining an EB-5 visa should note that the investment in the United States must be substantial and should exceed at least five hundred thousand United States dollars ($500,000), or one million dollars (1,000,000) if the investment is not a “targeted” investment. Lawful Permanent Resident (LPR) status means that the Indian national in said status has the right to reside and work in the United States permanently. LPR status is highly sought after by those in countries outside of the United States since the benefit is substantial, but immigration law may preclude many visa seekers from obtaining a travel document that confers Lawful Permanent Residence (also referred to as “Green Card” status).

Some individuals have posed the question: “Does the United States allow Citizenship by investment?” The simple answer is: no. However, the EB-5 visa could be viewed as a means of setting oneself on the “path to citizenship” by investment. This is due to the fact that an EB5 visa holder, who meets the legal criteria, may be able to apply for naturalization to US Citizenship after remaining in the United States for a statutorily prescribed period of time in lawful permanent resident status.

The American immigration process and the laws which support the United States Immigration system are complex and can be frustrating to those who are unaccustomed to American law and procedure. For this reason, some individuals and families opt to utilize an American attorney to assist with the process. That said, those interested in retaining professional assistance are well advised to check the credentials of those claiming expertise in American immigrations matters as only a licensed American attorney is entitled to provide advice and counsel in matters pertaining to United States Immigration law.

For related information please see: EB-5 Visa India.

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9th November 2010

Since the topic of American Investment visas was first broached on this blog, this author has received some questions regarding the way in which United States Investment Visas actually operate in the real world. One of the most frequently asked questions pertaining to EB-5 visas is: “Can I get US Citizenship by investing in the United States?” The answer to that question is somewhat nuanced and it requires one to have a rather in-depth understanding of the EB-5 Immigrant Investor visa and the process for obtaining this type of travel document.

There are some countries around the world which have programs whereby investors can obtain virtually instantaneous citizenship simply by investing capital into the economy of the country issuing the nationality documents. In the United States, there is no program that operates this way. However, the EB-5 visa does grant the visa holder lawful permanent residence in the USA. This is a substantial benefit and should not be taken for granted as Lawful Permanent Residence is a highly sought after status that allows the Permanent Resident to permanently reside and work in the United States. Many often refer to Lawful Permanent Residence as “Green Card” status. That said, Lawful Permanent Residence is not American Citizenship. Those in the USA in Green Card status are not permitted to vote in elections, run for political office, and such individuals also cannot obtain a US passport. Although, those in Lawful Permanent Resident (LPR) status may be eligible to obtain a US reentry permit which allows the bearer to leave the United States for as long as two years without raising the presumption of residential abandonment.

Although there is no “citizenship by investment” program in the USA, the EB-5 visa could be the first step in the United States Naturalization process. For example, if an immigrant investor is granted an EB-5 visa and enters the United States, then that individual would be granted permanent residence upon lawful admission. After residing in the United States for a statutorily prescribed period of time, and assuming all other criteria are met, it may be possible for an EB-5 visa holder to apply for naturalization. Naturalization is the process whereby a foreign national becomes a United States Citizen. The process can be somewhat cumbersome and for those unaccustomed to dealing with immigration matters it may seem complex and frustrating at times, but upon approval of a petition for naturalization an EB-5 Immigrant Investor could theoretically obtain United States Citizenship.

Even though the United States does not offer a direct “Citizenship by Investment” program, one could argue that the US offers a “Path to Citizenship” by Investment program in the form of the EB-5 visa which places holders of said visa on track to possible American Citizenship should all other criteria be adhered to and the physical presence requirement be met.

For related information please see: EB-5 Visa Thailand, EB-5 Visa China, or EB-5 Visa Taiwan.

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