Wednesday, October 26, 2011

Ask the Consul: How to Apply for an Immigrant Visa

Question: How do Israeli citizens apply for an immigrant visa in Israel?

Answer: Immigrating to the United States is an important decision that involves a complex and lengthy process.  Generally speaking, you qualify to immigrate to the United States if you are:

          A spouse or immediate relative of an American citizen or legal permanent resident (greencard holder);
          The fiancé/e of an American citizen;
          Certain prospective employees of United States companies;
          Selected through the Diversity Visa (DV) lottery program.

Immigrant visa applications for all residents of Israel, the city of Jerusalem, the West Bank, and Gaza are processed by the U.S. Consulate General in Jerusalem. For further information on how to apply for an immigrant visa, please visit the U.S. Consulate General in Jerusalem's website, which has a complete step-by-step guide at: http://jerusalem.usconsulate.gov/immigrant_visas.html.

The Consulate also offers a helpful FAQ page to answer many of the most common questions about immigrant visas: http://jerusalem.usconsulate.gov/faq-immigrant.html.

To inquire about your case, the best way to contact the Consulate is by email at jerusalemivinquiries@state.gov. Additional contact information is available at: http://jerusalem.usconsulate.gov/contact_us4.html.
***
Ask the Consul is a regular feature on the Consular Round Up blog. Every few weeks, one of the Embassy's Consular Officers answers an interesting consular question we've received from one of our readers. Think you can stump us? To submit a question, leave a comment, post one on our Facebook wall or send us an email at NIVTelAviv@state.gov. We look forward to hearing from you!

Monday, October 17, 2011

Meet Our Consular Agent in Haifa: Jonathan Friedland

Jonathan Friedland serves as the Consular Agent in Haifa for U.S. Embassy Tel Aviv, providing U.S. citizen services to Americans in the north of Israel.

He is available to process routine passport renewals and consular reports of birth abroad. His office also provides assistance with regard to notarials, absentee voting and registration for the Selective Service.

A native New Yorker, Friedland has served as the Haifa Consular Agent for more than 25 years and enjoys the opportunity to help Americans in need.

“The best part of my job is walking into a room full of people and knowing that I can solve each and every problem,” Friedland says. 

Before moving to Haifa, Friedland lived in Jerusalem and New York where he practiced admiralty law. While he’ll always be a New Yorker, Haifa has earned a place in his heart.

“Haifa is the number one city in Israel for nature activities and yet has the advantages of a big city,” he says. “It’s a great place to raise a family, and above all, it’s the only completely mixed city in the entire Middle East— religiously, ethnically, and socially—that enjoys actual, day-to-day coexistence.”

To learn what you need to bring to his offices to receive consular services, please call or email Mr. Friedland, or visit our website to review the requirements: http://israel.usembassy.gov/service.html. You must make an appointment for passport, report of birth, and notarial services.

The Consular Agency in Haifa is open Sundays through Thursdays, and is located in the German Colony in the lower part of Haifa. Appointment hours are generally in the morning. The Consular Agency’s role is limited to assisting American citizens.  It does not provide visa services and cannot answer questions about visa processing or law.

Contact Information:
26 Ben Gurion Blvd.
Haifa 35023
Tel: 04-853-1470
Fax: 04-853-1476
E-mail: consage@netvision.net.il

Tuesday, October 11, 2011

Planning to Work Temporarily in the United States? Know Your Rights!

Do you have a visa to work temporarily in the United States? We are confident that you will have an interesting and rewarding stay. However, if you should encounter any problems, know your rights.

The pamphlet linked below informs you of your rights as a nonimmigrant visa holder for certain employment and designated exchange program visas (specifically A-3, G-5, NATO-7, B-1 domestic employees, H-1B, H-1B1, H-2A, H-2B, and J-1). 

As a worker in the United States, you have the right to:
  Be treated and paid fairly;
  Not be held in a job against your will;
  Keep your passport and other identification documents in your possession;
  Report abuse without retaliation;
  Request help from unions, immigrant and labor rights groups and other groups;
  Seek justice in U.S. courts.

Remember: There Are Ways to Protect Yourself
  Keep your passport in a safe, easily accessible place at all times;
  Keep copies of your passport, visa, and employment contract in your home country with relatives or friends;
  Always have the phone number of your home country's embassy;
  Keep this pamphlet handy so that you can refer to it once you are in the United States;
  Keep a record of all the days and hours that you work, and the amount and date of each payment that you receive; and
  Call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 (24 hours) or the Trafficking in Persons and Worker Exploitation Task Force Complaint Line at 1-888-428-7581 (weekdays 9am-5pm Eastern Standard Time) if you need help.

These rights are explained in full in a pamphlet available online issued by the U.S. Government to honor the rule of law and uphold the dignity of all who come to the United States to work.

The U.S. Government created this pamphlet at the prompting of a new U.S. law, the William Wilberforce Trafficking Victims Protection Reauthorization Act (Public Law 110-457), which reaffirms and strengthens the U.S. Government’s commitment to fight human trafficking and labor abuses in all their forms.

Tuesday, October 4, 2011

Ask the Consul: ESTA Denials for Visa Waiver Program Travelers

Question: I have a foreign passport that qualifies me to travel in the Visa Waiver Program, but my ESTA application denied. Why was it denied, and what do I do now?

Answer: Thanks for your question. The Electronic System for Travel Authorization (ESTA) is an automated system created by the Department of Homeland Security (DHS) to determine the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP).

If your ESTA application is denied and you wish to continue with your trip, you should apply for a non-immigrant visa at a U.S. Embassy or Consulate. For more about visa application procedures at U.S. Embassy Tel Aviv, visit our website: http://israel.usembassy.gov/visas.html.

Please note that Embassies and Consulates are not able to provide information about ESTA denials or resolve the issue that caused the ESTA denial. Embassies and Consulates are only able to process an application for a non-immigrant visa, which, if approved, will be the only way that a traveler whose ESTA application has been denied will be authorized to visit the United States.

DHS carefully reviews all ESTA applications to ensure that only people who are ineligible for the VWP will be refused via ESTA. To inquire about your denial, you may contact the DHS Travel Redress Inquiry Program (TRIP), at the following link: www.dhs.gov/trip.

For a comprehensive overview of all the requirements for participation in the Visa Waiver Program, please visit the Department of Homeland Security FAQ page at http://www.dhs.gov/xnews/releases/pr_1212501117599.shtm.


***
Ask the Consul is a regular feature on the Consular Round Up blog. Every few weeks, one of the Embassy's Consular Officers answers an interesting consular question we've received from one of our readers. Think you can stump us? To submit a question, leave a comment, post one on our Facebook wall or send us an email at NIVTelAviv@state.gov. We look forward to hearing from you!

Tuesday, September 20, 2011

Ask the Consul: My passport expires in less than six months—can I still travel to the United States and is my U.S. visa still valid?

Answer: Thanks for your question. First, let’s talk about the passport issue. Many visitors traveling to the United States are required to have a passport that is valid for six months beyond the period of their intended stay in the United States. However, citizens of Israel are exempt from this rule and are only required to have a passport that is valid for their intended period of stay.
For a list of countries that are exempt from the six month requirement, visit the following link: http://cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/clp/bulletins/clp_bullentin_04162008.ctt/clp_bulletin_04162008.pdf. Always remember to check the expiration date on your passport before you intend to travel so you have time to apply for a new passport if necessary.
Now about the visa question—is it still valid, even though it’s in an expired passport? Yes! A U.S. visa is valid until its expiration date, as long as it has not been revoked, cancelled, mutilated or damaged. All you must do is present both passports to the officer at the port of entry: both the expired passport with the visa, and your new, valid passport.
Applicants should be aware that a visa does not guarantee entry into the United States. A visa only allows a foreign citizen to travel to a U.S. port of entry and request permission to enter. The decision whether or not to actually admit you is made by the Department of Homeland Security’s U.S. Customs and Border Protection (CBP) officials at the port of entry.  These decisions are often based on information learned subsequent to the original visa application, e.g. staying beyond the authorized stay during a previous visit.
In advance of travel, prospective travelers should review important information about Admissions/Entry requirements. Visit the Customs and Border Protection website for more information: http://cbp.gov/xp/cgov/travel/id_visa/.
***
Ask the Consul is a regular feature on the Consular Round Up blog. Every few weeks, one of the Embassy's Consular Officers answers an interesting consular question we've received from one of our readers. Think you can stump us? To submit a question, leave a comment, post one on our Facebook wall or send us an email at NIVTelAviv@state.gov. We look forward to hearing from you!

Monday, September 12, 2011

Message to Applicants: Apply Early for Holiday Travel!

With Rosh Hashanah just around the corner, the U.S. Embassy would like to remind all visa applicants to apply well in advance of travel plans for the fall holidays. The Consular Section cannot expedite visas for vacation travel as this does not qualify as an emergency.

Following your visa interview, passports are returned by mail within seven to ten days, depending on the location within Israel. Applicants should never buy plane tickets in advance or expect that they will receive a visa the same day of an interview.

For applicants that have a true emergency, the Embassy offers a very limited number of interview appointments for the following types of emergency cases:

· Life-threatening medical emergencies that require treatment at a U.S. medical facility;
· Visits to gravely ill/dying relatives in the United States;
· Students and Exchange Visitors (F, M, and J visas) who could not otherwise travel to the U.S. in time for enrollment and class/program attendance;
· Persons with approved employment-based visa petitions (visa categories H, L, P and O);
· Other time sensitive, business-related travel, such as export promotion, direct foreign investment in the United States, and attendance at U.S. trade shows.

If your purpose of travel falls in one of these categories, you may qualify for an emergency appointment. To request an emergency appointment, you should first apply through the VisaPoint website at https://visainfo.us-visaservices.com/. If you have less than three business days left until your departure, you may submit the request to the Embassy via the email address NIVTelAviv@state.gov and put the word ‘emergency’ in the subject line of the email.

If you are granted an emergency appointment, the Consular Section reminds applicants that this is only an appointment for an interview—it is not a visa approval. Only a consular officer may decide if an applicant is qualified for a visa.

For more details about what qualifies as an emergency, visit the Embassy website at: http://israel.usembassy.gov/emergency-appointment2.html.

Thursday, September 8, 2011

How to Apply for a Report of Birth Abroad

Have a new baby? Mazel tov on your child’s birth!

Children born abroad to U.S. citizen parents may have a claim to U.S. citizenship. If the parent(s) have lived in the United States long enough to transmit U.S. citizenship to their child, that child's birth may be reported at U.S. Embassy Tel Aviv and the child may obtain a U.S. passport and social security number. We strongly recommend that the birth of your child be reported to us as soon as possible after the birth.

The following information will assist you in determining whether or not your child is a U.S. citizen and serve as a step-by-step guide for how to apply for a Consular Report of Birth Abroad (CRBA).

STEP ONE: Determine if You Can Transmit U.S. Citizenship to Your Child

The law on acquisition of U.S. citizenship for a child varies if one or both biological parents are U.S. citizens, and if the child is born in or out of wedlock. To determine if the child’s U.S. citizen parent(s) were in the United States long enough to transmit U.S. citizenship, please read the following:

·       Child born abroad to two U.S. citizens:
A child born outside of the United States or its outlying possessions to parents, both of whom are U.S. citizens at the time of the child’s birth, is entitled to citizenship provided one of the parents had, prior to the birth of the child, been resident in the United States or one of its outlying possessions. (No specific period of time is required.)

·        Child born abroad to one U.S. citizen parent and one non-U.S. citizen:
o    If your child was born after November 14, 1986, the U.S. citizen parent must prove a total of 5 years of physical presence in the United States prior to the birth of the child. At least 2 of the 5 years must be after that parent turned 14.

o    If your child was born before November 14, 1986, the U.S. citizen parent must prove that he or she was physically present in the United States for a total of 10 years prior to the birth of the child.  At least 5 of the 10 years must be after that parent turned 14.

·       Child born out of wedlock to a U.S. citizen mother:
A child born outside of the United States and out of wedlock to a U.S. citizen mother is entitled to U.S. citizenship providing the U.S. citizen mother can prove she had been physically present in the United States for a continuous period of at least one year at some time prior to the birth of her child.

·       Child born out of wedlock to a U.S. citizen father:
A child born abroad and out of wedlock to a U.S. citizen father is entitled to U.S. citizenship if the U.S. citizen father can prove he had been physically present in the United States for the period of time as specified in the above paragraphs on children born in wedlock to one U.S. citizen and one non-U.S. citizen parent.

Proving Physical Presence
Documents usually accepted as primary evidence include original signed and sealed school transcripts or report cards, tax returns stamped by the IRS, or W-2 Forms, list of entries and exits out of Israel from the Israeli Ministry of Interior. U.S. passports bearing entry and exit stamps are accepted as secondary evidence. Other types of secondary evidence include immunizations records, evidence of medical treatment or court appearance, or bank statements demonstrating checking account activity. Legally, the burden of proof lies upon the U.S. citizen parent to provide this information.

Did you reside in the United States long enough to transmit citizenship to your child?
If yes, proceed to Step Two.

STEP TWO: Make an Appointment Online

The next step is to make an appointment at the U.S. Embassy. If your child has a claim to U.S. citizenship, it is necessary for the U.S. citizen parent to complete the application for a "Consular Report of Birth Abroad" in-person, before a consular officer. Follow this link to make an appointment at the U.S. Embassy in Tel Aviv: http://israel.usembassy.gov/consular/acs/appointments.html.

You may apply for a passport for your child at the same time, but must have a separate appointment for each child. For example, if you have four children and want to report all  four births at the same time and want also to apply for their passports, your family will need four appointments—one for each child. 

Got your appointment?
If yes, proceed to Step Three.

STEP THREE: Prepare Your Application

Did you know that many applications are not accepted because applicants forget to bring one or more of the required documents? Don’t make the same mistake! To avoid making additional trips to the U.S. Embassy with your entire family in tow, please follow carefully the below checklist to ensure you have ALL the items you need for a successful application.

What to bring:
ü  Child: the child who is being reported must appear at the Embassy.
ü  U.S. citizen parent: the U.S. citizen parent(s) must appear at the Embassy.
ü  Birth Certificate: Please bring the child's original, official birth certificate listing both parents’ names (abstracts of birth, also known as birth abstracts, and hospital birth certificates are NOT accepted).
ü  Marriage Certificate: If the parents of the child are married, please bring an original certificate. If your marriage certificate is in a language other than English, you must have the document translated before coming to the Embassy.
ü  Evidence of Parents' Citizenship and Identity: Parents' current U.S. passports must be submitted at time of application.  The non-U.S. citizen parent should present his/her foreign passport.
ü  Divorce Decrees/Death Certificates: It will be necessary to show termination of all prior marriages for both parents (and certified translations, if appropriate).
ü  Form DS-2029 (pdf 100kb).
ü  Affidavit of Physical Presence:  If only one parent is an American citizen, that parent must fill out this affidavit fully and completely. In addition to the affidavit, you should
bring documentary evidence of physical presence supporting your application. Documents that usually accepted as primary evidence include original signed and sealed school transcripts or report cards, tax returns stamped by the IRS, or W-2 Forms. U.S. passports bearing entry and exit stamps are accepted as secondary evidence. Other types of secondary evidence include immunizations records, evidence of medical treatment or court appearance, or bank statements demonstrating checking account activity. Photocopies of the birth certificate, marriage certificate and both parents passports.
ü  100 USD fee, payable by cash (dollars or shekels) or international credit card.
ü  Envelope: The report of birth is sent back to the applicant once it has been processed.  In order to receive the document back, please either bring a self-addressed, stamped envelope (A4 size) with at least 16.70 NIS of postage, or request a delivery by courier service when you come to the Embassy. The fee is 40 NIS payable to the delivery company by phone by credit card.

Are your application(s) fully prepared and all the necessary documents gathered?
If yes, proceed to Step Four.

STEP FOUR: Arrival at the U.S. Embassy

The next step is to arrive at the Embassy for your appointment. We look forward to seeing you! Visit our website for a list of prohibited items that, for security reasons, you will not be able to bring into the Embassy: http://israel.usembassy.gov/prepare.html.

If your application is approved by the Consular Officer, congratulations! Your child is an American Citizen and you may proceed to Step Five.

If your application is denied because you are unable to confer U.S. citizenship to your child, your child may still be eligible for citizenship via naturalization. If your parents (the child’s grandparents) are both U.S. citizens, they may be able to apply for expeditious naturalization for their grandchild. Visit the U.S. Citizenship and Immigration Services (USCIS) website, www.uscis.gov, for additional information.

STEP FIVE: Receive Your Child's Certificate of Report of Birth Abroad

The Certificate of Report of Birth Abroad is printed in the United States and usually is delivered to us approximately two to three weeks after approval.  In most cases, it will be mailed to you. In some cases, the child’s Certificate of Report of Birth Abroad and U.S. passport may be picked up at the Embassy by the child, applicant’s parents, or authorized representative.

Still have questions? Visit our website:  http://israel.usembassy.gov/consular/acs/crbaservices.html. Or, send us an email at: amctelaviv@state.gov.