Consular Processing

The process of obtaining legal status in the United States can be achieved in one of two ways:

1. Adjustment of Status
2. Consular Processing

Consular Processing

The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as “consular processing.”
Adjustment of status is an alternate process by which an eligible person, who is already in the United States, can apply for permanent resident status without having to return to his/her home country to complete processing. For more information, see our Adjustment of Status page under Green Card Processes & Procedures.

Steps for Consular Processing

1. Determine Your Basis to Immigrate

The first step in consular processing is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card (permanent residence) through a petition filed on your behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions. To see the many different ways to get a green card, see the links to the left.

2. File the Immigrant Petition

When you know what category you believe best fits your situation, in most cases, you will need to have an immigrant petition filed on your behalf.

• Family Based

Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you. For more information, see our Family page.

• Employment Based

Employment based categories most often require the intending U.S. employer to file a Form I-140, Petition for Alien Worker, for you. Entrepreneurs who intend to invest significant amounts of capital into a business venture in the United States may file Form I-526, Immigrant Petition by Alien Entrepreneur” on their own behalf. For more information, see our Working in the U.S. page.

• Special Classes of Immigrants

In some cases, certain immigrants may file a Form I-360, Petition for Amerasian, Widow(er), and Special Immigrant, or have one filed on their behalf.

• Humanitarian Programs

Most humanitarian programs do not require an underlying petition, although individuals may need to meet additional requirements before they can adjust status. For more information, see our Humanitarian page.
Although immigrant petitions are filed with USCIS, In some cases, an I-130 petition may be filed for an immediate relative (spouse, child, or parent of a U.S. citizen) with a U.S. embassy or consulate abroad. Situations where this may be applicable include:

• If the U.S. citizen has been authorized to be continuously residing within the jurisdiction of the consular office for at least the previous 6 months
• Members of the military
• Emergency situations
• Situations involving the health or safety of the petitioner
• When in the national interests of the United States

Please check with the consulate before submitting a petition. For more information, see the U.S. Department of State website.

3. Wait for a Decision on Your Petition

USCIS notifies the petitioner of a decision. If the petition is denied, the notice will include the reasons for denying the petition and any rights to appeal the decision. If the petition is approved and if you are the beneficiary of the petition and living outside the United States or living in the United States, but choose to apply for your immigrant visa abroad, USCIS will then send the approved petition to the Department of State’s National Visa Center (NVC), where it will remain until an immigrant visa number is available. See our Visa Availability & Priority Dates pages for more information.

4. Wait for Notification from the National Visa Center

The National Visa Center, which is responsible for the collection of visa application fees and supporting documentation, will notify the petitioner and beneficiary when the visa petition is received and again when an immigrant visa number is about to become available. They will also notify the petitioner and beneficiary of when they must submit immigrant visa processing fees (commonly referred to as “fee bills”) and when supporting documentation must be submitted.

5. Go to Your Appointment

Once a visa is available or a beneficiary’s priority date is current (earlier than the cut-off date listed in the monthly Visa Bulletin),the consular office will schedule the applicant for an interview. The consular office will complete processing of the applicant’s case and decide if the beneficiary is eligible for an immigrant visa.

6. Notify the National Visa Center of Any Changes

You do not need to contact the National Visa Center about your petition, they will contact you for the information they need. You should, however, contact the NVC if there is a change in your personal situation or if you change your address. For NVC contact information, see the “NVC Contact Information” page. It is important to notify the NVC if you reach the age of 21 for a child or have a change in your marital status, as this may affect your eligibility or visa availability.

7. After Your Visa is Granted

If you are granted an immigrant visa, the consular officer will give you a packet of information. This packet is known as a “Visa Packet.” You should not open this packet.
Upon your arrival to the United States, you should give your Visa Packet to the Customs and Border Protection officer at the port of entry. You will be inspected by a Customs and Border Protection officer and if found admissible, will be admitted as a permanent resident of the United States, which gives you the authority to live and work in the United States permanently.

8. Receive Your Green Card

You will be mailed your green card. If you do not receive your green card within 45 days of your arrival, please call the USCIS National Customer Service Center at 1-800-375-5283 or visit your local office by making an InfoPass appointment. Make an appointment by visiting our Infopass page.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing

Immigration process simplified.

U.S. immigration law is very complex, and there is much confusion as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members. Lawful permanent residency allows a foreign national to work and live lawfully and permanently in the United States. Lawful permanent residents (LPRs) are eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens) and can remain in the country even if they are unemployed. Each year the United States also admits noncitizens on a temporary basis. Annually, Congress and the President determine a separate number for refugee admissions.
Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity. This fact sheet provides basic information about how the U.S. legal immigration system is designed.
I. Family-Based ImmigrationFamily unification is an important principle governing immigration policy. The family-based immigration category allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system.
Prospective immigrants under the immediate relatives’ category must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements. Immediate relatives are:

• spouses of U.S. citizens;

• unmarried minor children of U.S. citizens (under 21-years-old); and

• parents of U.S. citizens (petitioner must be at least 21-years-old to petition for a parent).

A limited number of visas are available every year under the family preference system, but prospective immigrants must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements. The preference system includes:

• adult children (married and unmarried) and brothers and sisters of U.S. citizens (petitioner must be at least 21-years-old to petition for a sibling), and

• spouses and unmarried children (minor and adult) of LPRs.

In order to balance the overall number of immigrants arriving based on family relationships, Congress established a complicated system for calculating the available number of family preference visas for any given year. The number is determined by starting with 480,000 and then subtracting the number of immediate relative visas issued during the previous year and the number of aliens “paroled” into the U.S. during the previous year. Any unused employment preference immigrant numbers from the preceding year are then added to this sum to establish the number of visas that remain for allocation through the preference system. However, by law, the number of family-based visas allocated through the preference system may not be lower than 226,000. In reality, due to large numbers of immediate relatives, the actual number of preference system visas available each year has been 226,000. Consequently, the total number of family-based visas often exceeds 480,000.
In Fiscal Year (FY) 2014, family-based immigrants comprised 64 percent of all new LPRs in the United States.
The family-based immigration system is summarized in Table 1.
Table 1: Family-Based Immigration System

Category	U.S. Sponsor	Relationship	Numerical Limit
Immediate Relatives	U.S. Citizen adults	Spouses, unmarried minor children, and parents	Unlimited
Preference allocation
1	U.S. citizen	Unmarried adult children	23,400*
2A	LPR	Spouses and minor children	87,900
2B	LPR	Unmarried adult children	26,300
3	U.S. citizen	Married adult children	23,400**
4	U.S. citizen	Brothers and Sisters	65,000***
* Plus any unused visas from the 4th preference. ** Plus any unused visas from 1st and 2nd preference. ***Plus any unused visas from the all other family-based preferences.
Worldwide level of family preference allocation: 480,000 minus visas issued to immediate relatives and parolees, plus unused employment-visas from previous fiscal year. Floor for preference categories: 226,000.
Source:  William A. Kandel, Permanent Legal Migration to the United States, (CRS Report No. R42866) (Washington, DC: Congressional Research Service, 2014), https://www.fas.org/sgp/crs/homesec/R42866.pdf.

In order to be admitted through the family-based immigration system, a U.S. citizen or LPR sponsor must petition for an individual relative, establish the legitimacy of the relationship, meet minimum income requirements, and sign an affidavit of support stating that the sponsor will be financially responsible for the family member(s) upon arrival in the United States.
The spouses and children who accompany or follow the principal immigrants (those who qualify as immediate relatives or in family-preference categories) are referred to as derivative immigrants. The number of visas granted to derivative immigrants is counted under the appropriate category limits. For example, in FY 2013, 65,536 people were admitted as siblings of U.S. citizens; 27,022 were actual siblings of U.S. citizens (the principal immigrants); 14,891 were spouses of principal immigrants; and 23,623 were children of principal immigrants.
II. Employment-Based ImmigrationThe United States provides various ways for immigrants with valuable skills to come to the country on either a permanent or a temporary basis.
Temporary Visa ClassificationsTemporary employment-based visa classifications permit employers to hire and petition for foreign nationals for specific jobs for limited periods. Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs. There are more than 20 types of visas for temporary nonimmigrant workers. These include L-1 visas for intracompany transfers; various P visas for athletes, entertainers, and skilled performers; R-1 visas for religious workers; various A visas for diplomatic employees; O-1 visas for workers of extraordinary ability; and various H visas for both highly-skilled and lesser-skilled employment. The visa classifications vary in terms of their eligibility requirements, duration, whether they permit workers to bring dependents, and other factors. In most cases, they must leave the United States if their status expires or if their employment is terminated.
Permanent ImmigrationThe overall numerical limit for permanent employment-based immigrants is 140,000 per year. This number includes the immigrants plus their eligible spouses and minor unmarried children, meaning the actual number of employment-based immigrants is less than 140,000 each year. The 140,000 visas are divided into five preference categories, detailed in Table 2.
Table 2: Permanent Employment-Based Preference System

Preference Category	Eligibility	Yearly Numerical Limit
1	“Persons of extraordinary ability” in the arts, science, education, business, or athletics; outstanding professors and researchers, multinational executives and managers.	40,000*
2	Members of the professions holding advanced degrees, or persons of exceptional abilities in the arts, science, or business.	40,000**
3	Skilled workers with at least two years of training or experience, professionals with college degrees, or “other” workers for unskilled labor that is not temporary or seasonal.	40,000*** “Other” unskilled laborers restricted to 5,000
4	Certain “special immigrants” including religious workers, employees of U.S. foreign service posts, former U.S. government employees and other classes of aliens.	10,000
5	Persons who will invest $500,000 to $1 million in a job-creating enterprise that employs at least 10 full time U.S. workers.	10,000
*Plus any unused visas from the 4th and 5th preferences. **Plus any unused visas from the 1st preference. ***Plus any unused visas from the 1st and 2nd preference.
Worldwide level of employment-based immigrants: 140,000 for principal applicants and their dependents.
Source:  Kandel, William A. Kandel, Permanent Legal Migration to the United States, (CRS Report No. R42866) (Washington, DC: Congressional Research Service R42866, October 29, 2014), 4, https://www.fas.org/sgp/crs/homesec/R42866.pdf.

In FY 2014, immigrants admitted through the employment preferences made up 15 percent of all new LPRs in the United States.
III. Per-Country CeilingsIn addition to the numerical limits placed upon the various immigration preferences, the INA also places a limit on how many immigrants can come to the United States from any one country. Currently, no group of permanent immigrants (family-based and employment-based) from a single country can exceed seven percent of the total amount of people immigrating to the United States in a single fiscal year. This is not a quota to ensure that certain nationalities make up seven percent of immigrants, but rather a limit that is set to prevent any immigrant group from dominating immigration patterns to the United States.
IV. Refugees and AsyleesProtection of Refugees, Asylees, and other Vulnerable PopulationsThere are several categories of legal admission available to people who are fleeing persecution or are unable to return to their homeland due to life-threatening or extraordinary conditions.
Refugees are admitted to the United States based upon an inability to return to their home countries because of a “well-founded fear of persecution” due to their race, membership in a particular social group, political opinion, religion, or national origin. Refugees apply for admission from outside of the United States, generally from a “transition country” that is outside their home country. The admission of refugees turns on numerous factors, such as the degree of risk they face, membership in a group that is of special concern to the United States (designated yearly by the President of the United States and Congress), and whether or not they have family members in the United States.
Each year the President, in consultation with Congress, determines the numerical ceiling for refugee admissions. The total limit is broken down into limits for each region of the world as well. After September 11, 2001, the number of refugees admitted into the United States fell drastically, but annual admissions have steadily increased as more sophisticated means of conducting security checks have been put into place.
For FY 2016, the President set the worldwide refugee ceiling at 85,000, shown in Table 3 with the regional allocations.
Table 3: Presidential Determination on Refugee Admissions, FY 2016

Africa	25,000
East Asia	13,000
Europe and Central Asia	4,000
Latin America/Caribbean	3,000
Near East/South Asia	34,000
Unallocated Reserve	6,000
TOTAL	85,000
Source: U.S. Departments of State, Homeland Security, and Health and Human Services, Proposed Refugee Admissions for Fiscal Year 2016: Report to the Congress, (Washington, DC, 2015).

Asylum is available to persons already in the United States who are seeking protection based on the same five protected grounds upon which refugees rely. They may apply at a port of entry at the time they seek admission or within one year of arriving in the United States. There is no limit on the number of individuals who may be granted asylum in a given year nor are there specific categories for determining who may seek asylum. In FY 2014, 23,533 individuals were granted asylum.
Refugees and asylees are eligible to become LPRs one year after admission to the United States as a refugee or one year after receiving asylum.
IV. The Diversity Visa ProgramThe Diversity Visa lottery was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year 55,000 visas are allocated randomly to nationals from countries that have sent less than 50,000 immigrants to the United States in the previous 5 years. Of the 55,000, up to 5,000 are made available for use under the NACARA program. This results in a reduction of the actual annual limit to 50,000.
Although originally intended to favor immigration from Ireland (during the first three years of the program at least 40 percent of the visas were exclusively allocated to Irish immigrants), the Diversity Visa program has become one of the only avenues for individuals from certain regions in the world to secure a green card.
To be eligible for a diversity visa, an immigrant must have a high-school education (or its equivalent) or have, within the past five years, a minimum of two years working in a profession requiring at least two years of training or experience. Spouses and minor unmarried children of the principal applicant may also enter as dependents. A computer-generated random lottery drawing chooses selectees for diversity visas. The visas are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the last five years.
People from eligible countries in different continents may register for the lottery. However, because these visas are distributed on a regional basis, the program especially benefits Africans and Eastern Europeans.
V. Other Forms of Humanitarian ReliefTemporary Protected Status (TPS) is granted to people who are in the United States but cannot return to their home country because of “natural disaster,” “extraordinary temporary conditions,” or “ongoing armed conflict.” TPS is granted to a country for six, 12, or 18 months and can be extended beyond that if unsafe conditions in the country persist. TPS does not necessarily lead to LPR status or confer any other immigration status.
Deferred Enforced Departure (DED) provides protection from deportation for individuals whose home countries are unstable, therefore making return dangerous. Unlike TPS, which is authorized by statute, DED is at the discretion of the executive branch. DED does not necessarily lead to LPR status or confer any other immigration status.
Certain individuals may be allowed to enter the U.S. through parole, even though they may not meet the definition of a refugee and may not be eligible to immigrate through other channels. Parolees may be admitted temporarily for urgent humanitarian reasons or significant public benefit.
VI. U.S. CitizenshipIn order to qualify for U.S. citizenship through naturalization, an individual must have had LPR status (a green card) for at least five years (or three years if he or she obtained the green card through a U.S.-citizen spouse or through the Violence Against Women Act, VAWA). There are other exceptions including, but not limited to, members of the U.S. military who serve in a time of war or declared hostilities. Applicants for U.S. citizenship must be at least 18-years-old, demonstrate continuous residency, demonstrate “good moral character,” pass English and U.S. history and civics exams (with certain exceptions), and pay an application fee, among other requirements.

https://www.americanimmigrationcouncil.org/research/how-united-states-immigration-system-works

Child Support and how it works in North Carolina.

§ 50-13.4.  Action for support of minor child.

(a)        Any parent, or any person, agency, organization or institution having custody of a minor child, or bringing an action or proceeding for the custody of such child, or a minor child by his guardian may institute an action for the support of such child as hereinafter provided.

(b)        In the absence of pleading and proof that the circumstances otherwise warrant, the father and mother shall be primarily liable for the support of a minor child. In the absence of pleading and proof that the circumstances otherwise warrant, parents of a minor, unemancipated child who is the custodial or noncustodial parent of a child shall share this primary liability for their grandchild's support with the minor parent, the court determining the proper share, until the minor parent reaches the age of 18 or becomes emancipated. If both the parents of the child requiring support were unemancipated minors at the time of the child's conception, the parents of both minor parents share primary liability for their grandchild's support until both minor parents reach the age of 18 or become emancipated. If only one parent of the child requiring support was an unemancipated minor at the time of the child's conception, the parents of both parents are liable for any arrearages in child support owed by the adult or emancipated parent until the other parent reaches the age of 18 or becomes emancipated. In the absence of pleading and proof that the circumstances otherwise warrant, any other person, agency, organization or institution standing in loco parentis shall be secondarily liable for such support. Such other circumstances may include, but shall not be limited to, the relative ability of all the above-mentioned parties to provide support or the inability of one or more of them to provide support, and the needs and estate of the child. The judge may enter an order requiring any one or more of the above-mentioned parties to provide for the support of the child as may be appropriate in the particular case, and if appropriate the court may authorize the application of any separate estate of the child to his support. However, the judge may not order support to be paid by a person who is not the child's parent or an agency, organization or institution standing in loco parentis absent evidence and a finding that such person, agency, organization or institution has voluntarily assumed the obligation of support in writing. The preceding sentence shall not be construed to prevent any court from ordering the support of a child by an agency of the State or county which agency may be responsible under law for such support.

The judge may order responsible parents in a IV-D establishment case to perform a job search, if the responsible parent is not incapacitated. This includes IV-D cases in which the responsible parent is a noncustodial mother or a noncustodial father whose affidavit of parentage has been filed with the court or when paternity is not at issue for the child. The court may further order the responsible parent to participate in work activities, as defined in 42 U.S.C. § 607, as the court deems appropriate.

(c)        Payments ordered for the support of a minor child shall be in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case. Payments ordered for the support of a minor child shall be on a monthly basis, due and payable on the first day of each month. The requirement that orders be established on a monthly basis does not affect the availability of garnishment of disposable earnings based on an obligor's pay period.

The court shall determine the amount of child support payments by applying the presumptive guidelines established pursuant to subsection (c1) of this section. However, upon request of any party, the Court shall hear evidence, and from the evidence, find the facts relating to the reasonable needs of the child for support and the relative ability of each parent to provide support. If, after considering the evidence, the Court finds by the greater weight of the evidence that the application of the guidelines would not meet or would exceed the reasonable needs of the child considering the relative ability of each parent to provide support or would be otherwise unjust or inappropriate the Court may vary from the guidelines. If the court orders an amount other than the amount determined by application of the presumptive guidelines, the court shall make findings of fact as to the criteria that justify varying from the guidelines and the basis for the amount ordered.

Payments ordered for the support of a child shall terminate when the child reaches the age of 18 except:

(1)        If the child is otherwise emancipated, payments shall terminate at that time;

(2)        If the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation.

(3)        (See Editor's note for applicability) If the child is enrolled in a cooperative innovative high school program authorized under Part 9 of Article 16 of Chapter 115C of the General Statutes, then payments shall terminate when the child completes his or her fourth year of enrollment or when the child reaches the age of 18, whichever occurs later.

In the case of graduation, or attaining age 20, payments shall terminate without order by the court, subject to the right of the party receiving support to show, upon motion and with notice to the opposing party, that the child has not graduated or attained the age of 20.

If an arrearage for child support or fees due exists at the time that a child support obligation terminates, payments shall continue in the same total amount that was due under the terms of the previous court order or income withholding in effect at the time of the support obligation. The total amount of these payments is to be applied to the arrearage until all arrearages and fees are satisfied or until further order of the court.

(c1)      Effective July 1, 1990, the Conference of Chief District Judges shall prescribe uniform statewide presumptive guidelines for the computation of child support obligations, including retroactive support obligations, of each parent as provided in Chapter 50 or elsewhere in the General Statutes and shall develop criteria for determining when, in a particular case, application of the guidelines would be unjust or inappropriate. The purpose of the guidelines and criteria shall be to ensure that payments ordered for the support of a minor child are in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case. The guidelines shall include a procedure for setting child support, if any, in a joint or shared custody arrangement which shall reflect the other statutory requirements herein.

Periodically, but at least once every four years, the Conference of Chief District Judges shall review the guidelines to determine whether their application results in appropriate child support award amounts. The Conference may modify the guidelines accordingly. The Conference shall give the Department of Health and Human Services, the Administrative Office of the Courts, and the general public an opportunity to provide the Conference with information relevant to the development and review of the guidelines. Any modifications of the guidelines or criteria shall be reported to the General Assembly by the Administrative Office of the Courts before they become effective by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The guidelines, when adopted or modified, shall be provided to the Department of Health and Human Services and the Administrative Office of the Courts, which shall disseminate them to the public through local IV-D offices, clerks of court, and the media.

(d)       In non-IV-D cases, payments for the support of a minor child shall be ordered to be paid to the person having custody of the child or any other proper person, agency, organization or institution, or to the State Child Support Collection and Disbursement Unit, for the benefit of the child. In IV-D cases, payments for the support of a minor child shall be ordered to be paid to the State Child Support Collection and Disbursement Unit for the benefit of the child.

(d1)     For child support orders initially entered on or after January 1, 1994, the immediate income withholding provisions of G.S. 110-136.5(c1) shall apply.

(e)        Payment for the support of a minor child shall be paid by lump sum payment, periodic payments, or by transfer of title or possession of personal property of any interest therein, or a security interest in or possession of real property, as the court may order. The court may order the transfer of title to real property solely owned by the obligor in payment of arrearages of child support so long as the net value of the interest in the property being transferred does not exceed the amount of the arrearage being satisfied. In every case in which payment for the support of a minor child is ordered and alimony or postseparation support is also ordered, the order shall separately state and identify each allowance.

(e1)      In IV-D cases, the order for child support shall provide that the clerk shall transfer the case to another jurisdiction in this State if the IV-D agency requests the transfer on the basis that the obligor, the custodian of the child, and the child do not reside in the jurisdiction in which the order was issued. The IV-D agency shall provide notice of the transfer to the obligor by delivery of written notice in accordance with the notice requirements of Chapter 1A-1, Rule 5(b) of the Rules of Civil Procedure. The clerk shall transfer the case to the jurisdiction requested by the IV-D agency, which shall be a jurisdiction in which the obligor, the custodian of the child, or the child resides. Nothing in this subsection shall be construed to prevent a party from contesting the transfer.

(f)        Remedies for enforcement of support of minor children shall be available as follows:

(1)        The court may require the person ordered to make payments for the support of a minor child to secure the payments by means of a bond, mortgage or deed of trust, or any other means ordinarily used to secure an obligation to pay money or transfer property, or by requiring the execution of an assignment of wages, salary or other income due or to become due.

(2)        If the court requires the transfer of real or personal property or an interest therein as provided in subsection (e) of this section as a part of an order for payment of support for a minor child, or for the securing thereof, the court may also enter an order which shall transfer title as provided in G.S. 1A-1, Rule 70 and G.S. 1-228.

(3)        The remedy of arrest and bail, as provided in Article 34 of Chapter 1 of the General Statutes, shall be available in actions for child-support payments as in other cases.

(4)        The remedies of attachment and garnishment, as provided in Article 35 of Chapter 1 of the General Statutes, shall be available in an action for child-support payments as in other cases, and for such purposes the child or person bringing an action for child support shall be deemed a creditor of the defendant. Additionally, in accordance with the provisions of G.S. 110-136, a continuing wage garnishment proceeding for wages due or to become due may be instituted by motion in the original child support proceeding or by independent action through the filing of a petition.

(5)        The remedy of injunction, as provided in Article 37 of Chapter 1 of the General Statutes and G.S. 1A-1, Rule 65, shall be available in actions for child support as in other cases.

(6)        Receivers, as provided in Article 38 of Chapter 1 of the General Statutes, may be appointed in actions for child support as in other cases.

(7)        A minor child or other person for whose benefit an order for the payment of child support has been entered shall be a creditor within the meaning of Article 3A of Chapter 39 of the General Statutes pertaining to voidable transactions.

(8)        Except as provided in Article 15 of Chapter 44 of the General Statutes, a judgment for child support shall not be a lien against real property unless the judgment expressly so provides, sets out the amount of the lien in a sum certain, and adequately describes the real property affected; but past due periodic payments may by motion in the cause or by a separate action be reduced to judgment which shall be a lien as other judgments and may include provisions for periodic payments.

(9)        An order for the periodic payments of child support or a child support judgment that provides for periodic payments is enforceable by proceedings for civil contempt, and disobedience may be punished by proceedings for criminal contempt, as provided in Chapter 5A of the General Statutes.

Notwithstanding the provisions of G.S. 1-294, an order for the payment of child support which has been appealed to the appellate division is enforceable in the trial court by proceedings for civil contempt during the pendency of the appeal. Upon motion of an aggrieved party, the court of the appellate division in which the appeal is pending may stay any order for civil contempt entered for child support until the appeal is decided, if justice requires.

(10)      The remedies provided by Chapter 1 of the General Statutes, Article 28, Execution; Article 29B, Execution Sales; and Article 31, Supplemental Proceedings, shall be available for the enforcement of judgments for child support as in other cases, but amounts so payable shall not constitute a debt as to which property is exempt from execution as provided in Article 16 of Chapter 1C of the General Statutes.

(11)      The specific enumeration of remedies in this section shall not constitute a bar to remedies otherwise available.

(g)        An individual who brings an action or motion in the cause for the support of a minor child, and the individual who defends the action, shall provide to the clerk of the court in which the action is brought or the order is issued, the individual's social security number.

(h)        Child support orders initially entered or modified on and after October 1, 1998, shall contain the name of each of the parties, the date of birth of each party, and the court docket number. The Administrative Office of the Courts shall transmit to the Department of Health and Human Services, Child Support Enforcement Program, on a timely basis, the information required to be included on orders under this subsection and the social security number of each party as required under subsection (g) of this section.  (1967, c. 1153, s. 2; 1969, c. 895, s. 17; 1975, c. 814; 1977, c. 711, s. 26; 1979, c. 386, s. 10; 1981, c. 472; c. 613, ss. 1, 3; 1983, c. 54; c. 530, s. 1; 1985, c. 689, s. 17; 1985 (Reg. Sess., 1986), c. 1016; 1989, c. 529, ss. 1, 2; 1989 (Reg. Sess., 1990), c. 1067, s. 2; 1993, c. 335, s. 1; c. 517, s. 5; 1995, c. 319, s. 9; c. 518, s. 1; 1997-433, ss. 2.1(a), 2.2, 4.4, 7.1; 1997-443, ss. 11A.118(a), 11A.122; 1998-17, s. 1; 1998-176, s. 1; 1999-293, ss. 3, 4; 1999-456, s. 13; 2001-237, s. 1; 2003-288, s. 1; 2008-12, s. 1; 2012-20, s. 2; 2014-77, s. 8; 2014-115, s. 37; 2015-23, s. 2.)

Child Custody and how it works in North Carolina. 

§ 50-13.2.  Who entitled to custody; terms of custody; visitation rights of grandparents; taking child out of State; consideration of parent's military service.

(a)        An order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency, organization or institution as will best promote the interest and welfare of the child. In making the determination, the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party. An order for custody must include written findings of fact that reflect the consideration of each of these factors and that support the determination of what is in the best interest of the child. Between the parents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child. Joint custody to the parents shall be considered upon the request of either parent.

(b)        An order for custody of a minor child may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or grant custody to two or more persons, agencies, organizations, or institutions. Any order for custody shall include such terms, including visitation, as will best promote the interest and welfare of the child. If the court finds that domestic violence has occurred, the court shall enter such orders that best protect the children and party who were the victims of domestic violence, in accordance with the provisions of G.S. 50B-3(a1)(1), (2), and (3). If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation. Absent an order of the court to the contrary, each parent shall have equal access to the records of the minor child involving the health, education, and welfare of the child.

(b1)      An order for custody of a minor child may provide visitation rights for any grandparent of the child as the court, in its discretion, deems appropriate. As used in this subsection, "grandparent" includes a biological grandparent of a child adopted by a stepparent or a relative of the child where a substantial relationship exists between the grandparent and the child. Under no circumstances shall a biological grandparent of a child adopted by adoptive parents, neither of whom is related to the child and where parental rights of both biological parents have been terminated, be entitled to visitation rights.

(b2)      Any order for custody, including visitation, may, as a condition of such custody or visitation, require either or both parents, or any other person seeking custody or visitation, to abstain from consuming alcohol and may require submission to a continuous alcohol monitoring system, of a type approved by the Division of Adult Correction of the Department of Public Safety, to verify compliance with this condition of custody or visitation. Any order pursuant to this subsection shall include an order to the monitoring provider to report any violation of the order to the court and each party to the action. Failure to comply with this condition shall be grounds for civil or criminal contempt.

(c)        An order for custody of a minor child may provide for such child to be taken outside of the State, but if the order contemplates the return of the child to this State, the judge may require the person, agency, organization or institution having custody out of this State to give bond or other security conditioned upon the return of the child to this State in accordance with the order of the court.

(d)       If, within a reasonable time, one parent fails to consent to adoption pursuant to Chapter 48 of the General Statutes or parental rights have not been terminated, the consent of the other consenting parent shall not be effective in an action for custody of the child.

(e)        An order for custody of a minor child may provide for visitation rights by electronic communication. In granting visitation by electronic communication, the court shall consider the following:

(1)        Whether electronic communication is in the best interest of the minor child.

(2)        Whether equipment to communicate by electronic means is available, accessible, and affordable to the parents of the minor child.

(3)        Any other factor the court deems appropriate in determining whether to grant visitation by electronic communication.

The court may set guidelines for electronic communication, including the hours in which the communication may be made, the allocation of costs between the parents in implementing electronic communication with the child, and the furnishing of access information between parents necessary to facilitate electronic communication. Electronic communication with a minor child may be used to supplement visitation with the child. Electronic communication may not be used as a replacement or substitution for custody or visitation. The amount of time electronic communication is used shall not be a factor in calculating child support or be used to justify or support relocation by the custodial parent out of the immediate area or the State. Electronic communication between the minor child and the parent may be subject to supervision as ordered by the court. As used in this subsection, "electronic communication" means contact, other than face-to-face contact, facilitated by electronic means, such as by telephone, electronic mail, instant messaging, video teleconferencing, wired or wireless technologies by Internet, or other medium of communication.

(f)        In a proceeding for custody of a minor child of a service member, a court may not consider a parent's past deployment or possible future deployment as the only basis in determining the best interest of the child. The court may consider any significant impact on the best interest of the child regarding the parent's past or possible future deployment.  (1957, c. 545; 1967, c. 1153, s. 2; 1977, c. 501, s. 2; 1979, c. 967; 1981, c. 735, ss. 1, 2; 1985, c. 575, s. 3; 1987, c. 541, s. 2; c. 776; 1995 (Reg. Sess., 1996), c. 591, s. 5; 2004-186, s. 17.1; 2009-314, s. 1; 2012-146, s. 10; 2013-27, s. 1; 2015-278, s. 2.)

How Criminal Convictions Can Affect Your Immigration Status

Your criminal convictions can have dire immigration consequences. Ensure your criminal defense attorney understands your current immigration status.

 

Criminal Immigration Consequences – Inadmissible vs. Deportable

There are generally two classes of problem that you need to be worried about as a non-citizen facing criminal charges. The first is which outcomes will make you deportable, and the second is which outcomes will make you inadmissible. Some criminal acts will make you deportable if you are already in proceedings, but would not otherwise result in your deportation. Admissibility and deportability are separate issues, with separate, but very similar, sources of law governing them.
If you are deportable, you may be removed from the United States even after having made been lawfully admitted.

If you are inadmissible, you will not be allowed to lawfully enter the United States.
Remaining admissible is important, even for people that are in the United States and have no plans to ever leave the country. Your presence in the United States does not necessarily mean that you have been admitted. An admission is defined in INA § 101 as the lawful entry of the alien into the United States after inspection and authorization by an immigration officer, subject to various exceptions. If you entered the United States without inspection (EWI), especially since 1997, you may not have been admitted, even though you have been here for some time.

If you become inadmissible for a criminal reason, even if you are an LPR, you will not be able to take trips abroad and expect to be allowed back in the United States upon your return. A legal permanent resident (LPR) making a short trip out of the country and returning is not generally an admission for purposes of immigration law, but as a special exception, if you are inadmissible for a criminal reason, or you have commited a crime while out of the country, your return is an admission.
If a criminal act makes you deportable, you may be removed from the United States, even if you have been lawfully admitted and remain within the country.

The U.S. immigration laws contain numerous grounds upon which non-citizens may be deported back to their country of origin (the technical term for which is "removed"). In fact, the laws divide these grounds into two separate categories:
The grounds of inadmissibility, found in Section 212(a) of the Immigration and Nationality Act (I.N.A.). These apply to a person seeking admission to the United States, including both literally seeking entry at the border and also seeking the right to stay legally, such as with a green card application (lawful permanent residence). 
The grounds of deportability, found in Section 237 of the I.N.A. These apply to a person already legally living within the United States, perhaps with a nonimmigrant (temporary) visa or a green card. They also contain a statement that people who are in the U.S. without legal permission shall be deported.

Both Can Lead to Removal

If the immigration authorities believe that you are inadmissible or deportable, removal proceedings may be started against you. You will have a chance to argue your case and in some cases to ask for a waiver (legal forgiveness). However, this may occur in the context of deportation and removal proceedings in immigration court. In any case, you'll need a lawyer's help with this type of issue.
Once an immigrant becomes a U.S. citizen, that person cannot be removed unless he or she used fraud to gain citizenship or an earlier immigration benefit.
To learn about the waivers and other methods for defending yourself from removal, see our section on Removal (Deportation): Process & Laws.

Grounds of Inadmissibility

Here's a brief summary of the types of personal characteristics or history that may make someone inadmissible.

• Having entered the United States without permission
• Having committed fraud in order to gain an immigration benefit
• Having helped smuggle other foreign-born people into the U.S.
• Carrying a communicable diseases of public health significance, such as tuberculosis.
• Having been convicted of certain crimes.
• Having a physical or mental disorders that presents a danger to the immigrant or to others.
• Being likely to become a "public charge," that is, require financial assistance from a government body.
• Threat of terrorism or espionage. Anyone who is deemed likely to engage in any subversive activity against the United States will be turned away when trying to enter into the United States.

Again, this is just a brief summary, intended to highlight potential trouble areas. Do not attempt to analyze your personal immigration situation based on this list.
For more on being "inadmissible"

Grounds of Deportability

Here's a brief summary of the types of personal characteristics or history that may make someone deportable.

• Having gained legal status by committing marriage fraud
• Being a terrorist
• Having been convicted of certain crimes
• Having helped smuggle aliens into the U.S.
• Having not deserved an earlier grant of legal status, because the person was inadmissible at the time
• Having failed to timely notify U.S. Citizenship and Immigration Services (USCIS) of one's changes of address (Yes, that's really in there)
• Having falsely claimed to be a U.S. citizen in order to gain a benefit from the government

http://www.alllaw.com/articles/nolo/us-immigration/grounds-deportability-vs-grounds-inadmissibility.html#

http://www.anthracitelaw.com/maryland-criminal-defense/not-a-u-s-citizen/criminal-immigration-consequences-inadmissible-vs-deportable

Green Card-holders and the Risk of International Travels

If you have any pending or unresolved issues with your green card or Lawful Permanent Resident card, I'll say DO NOT travel.

Immigrating legally to the United States is not easy. “Over the past several months, skilled foreign nationals have seen no improvement in their prospects for obtaining green cards and, in fact, wait times are likely to increase in employment-based immigration categories,” according to a new report released by the National Foundation for American Policy (NFAP), an Arlington, Va.-based policy research group.

An October 2011 analysis found the wait times for skilled immigrants, particularly those from India and China, could last 5 to 8 years, or potentially even decades in some cases. The State Department has reported in the latest Visa Bulletin that wait times could be imposed on individuals from countries other than India and China in the employment-based second preference (EB-2), for persons of “exceptional ability” and “advanced degree” holders, with the employment-based first preference (EB-1) category (outstanding researchers and professors, aliens of extraordinary ability) also possibly becoming backlogged as well.

Unlike the long-term problems in entitlement programs such as Social Security, the solutions to reducing the long wait times for employment-based green cards are easy to implement and have received bipartisan support. These solutions center around two areas: eliminating the per country limit and providing more green cards.
Providing additional green cards or exempting from the annual limit foreign nationals with advanced degrees from U.S. universities in a science, technology, engineering or mathematics (STEM) field, while also eliminating the per country limit, could have a significant impact on employment-based green card backlogs.

The October 2011 NFAP analysis estimated, “An exemption of at least 50,000 for advanced degree STEM graduates would eliminate the backlog in the employment-based second preference (EB-2) and make the category current within three years. It would also eliminate the employment-based third preference (EB-3) backlog and potentially make the category current within 10 years.” Even 25,000 additional green cards for holders of U.S. advanced STEM degrees would likely “eliminate the backlog and make the EB-2 category current in 4 years.”

 

An argument made against providing more green cards to highly skilled foreign nationals is that doing so would harm the job prospects of Americans. However, skilled scientists, researchers and professionals help create more jobs and innovations. Moreover, such individuals are typically hired as part of the normal recruitment process, complementing, not replacing, Americans. A recent economic analysis supports the view that immigrants help expand economic opportunities for others.

 

Stuart Anderson ,  

Contributor

 

http://www.forbes.com/sites/stuartanderson/2012/06/15/green-card-problems-growing-worse-for-skilled-immigrants/#297cb0c95f7b 

Lapse in Medical Treatment Can Limit Recovery in Your Personal Injury Case

Gaps in medical treatment can affect your recovery in your personal injury case. The importance of receiving IMMEDIATE and CONTINUOUS medical treatment can never be over emphasized.
 
Article by Wallace Pierce Law...

Why is Medical Treatment so Important to my Personal Injury Claim?

If you have been injured in a motor vehicle accident in North Carolina, it is likely that you are confused, stressed and concerned about what to do next. The reality of being in a car accident is that your life could be turned upside down. Just yesterday, you were healthy and carefree. Today, you are nursing your bruises, cuts and injuries.
Look at your car accident-related injuries as you would any other traumatic illness or injury. Ask yourself whether or not you need medical treatment. It is important to ask yourself this question as early as possible. It is also essential to consider whether you need emergency medical services, such as an ambulance, as early as possible.
One of the most common mistakes made by accident victims is to refuse or delay medical treatment. After years of speaking to accident victims, I have discovered that most people delay seeking medical care because of the costs associated with seeking treatment. It is recommended that after an accident you seek medical treatment regardless of the cost, so long as the treatment is reasonable and necessary. While treatment may be expensive, there are several options that may provide you with a way to receive treatment on a lien basis, which would require no money upfront.

Get Immediate Medical Attention

If you have been injured in a car accident, it is important to consider what medical attention you may need and to seek that medical treatment as soon as possible. If you need emergency medical care, consider calling 911. Seeking medical treatment immediately after your accident is important for the following reasons:

1. Your injuries need to be treated as soon as possible.
2. Showing a causal connection between the accident and your injuries is more difficult if you have delayed seeking medical treatment.
3. Failing to seek medical treatment could result in a failure to mitigate damages.

If your vehicle has been damaged or destroyed in the accident, it is important to seek the assistance of your friends and family to get to and from your medical appointments. If your friends or family are unable to assist you, consider using a taxi or purchasing a bus pass in order to get to your appointments. However, please be sure to keep your receipts and to track your mileage and appointment duration so that you may claim out-of-pocket expenses.
If you do in fact have health insurance, whether it is private health insurance, Medicaid, Medicare, TriCare or State Employee’s Health Plan, it is recommended that you give this information to the medical provider when seeking treatment. If you do not have health insurance, the medical provider who is treating your injuries will likely bill you directly or claim a lien on the treatment rendered.
It is essential to remember that the medical treatment you receive for your accident is the most important evidence in your personal injury claim. Your medical treatment will be reviewed, analyzed, audited and even debated by the insurance company and their medical experts when considering your personal injury claim’s value. As such, it is paramount to ensure that each and every aspect of your medical care is as appropriate and reasonable as possible.
IMPORTANT NOTE: Your medical care is the fuel in your personal injury case’s gas tank. It is not only important to put lots of fuel in your tank; it is also vital to put the right kind of fuel in the case’s tank.
Remember that if you need treatment, you should seek treatment. Only a licensed medical professional can properly diagnose your injuries, and delaying your recovery could actually cause your injuries to become worse.

Be Careful What You Say About the Case to Your Doctor

As a practical piece of advice, your medical providers are treating your medical concerns and tend to be unconcerned by the legal aspects of your personal injury case. As such, be careful when discussing the facts and circumstances related to your accident. It is far too common that my client’s medical records contain notes from the doctor that attempt to describe the mechanics of the car accident but fail to do so accurately. As a precaution, be careful when describing the accident to your doctor and make sure all the details you share are completely accurate.
Ask yourself: Is it important that the doctor knows each and every fact related to the mechanics of your accident, or is it essential that they only know the fact that you were rear-ended and suffered injuries as a result?

What if I Don’t Have Health Insurance?

There are many factors to be concerned about after an accident, and the most notable among them is the decision to seek medical care even though you do not have health insurance. While your principle concern is how you will afford the expensive medical treatment, consider the cost of not seeking medical treatment and delaying your recovery. In most situations, there are two ways to seek medical treatment without health insurance: (1) receive the treatment and the medical provider will bill you, or (2) receive the treatment and the medical provider will claim a medical lien.
Regardless, your medical treatment without health insurance under North Carolina Rule of Evidence 414 may actually be more beneficial to your overall recovery than medical treatment paid by a health insurance company. For more information about this information and Rule 414, visit our Billed Versus Paid page.

Should I Use My Health Insurance?

Generally speaking, you should use your health insurance to pay for accident-related medical treatment. However, this does not mean that the medical provider is obligated to bill your health insurance. It is not uncommon for accident victims who provide their Medicaid information when receiving medical care to later discover that the medical provider did not bill Medicaid. Medical providers are exceptionally clever when it comes to getting paid for their services.
First, a medical provider may not be obligated to bill your health insurance. Secondly, a medical provider may receive more money from you if they refrain from billing your health insurance and claim a medical or physician lien (link). While this may be surprising, consider what the medical provider will likely receive from the Division of Medical Assistance (Medicaid) as payment for services rendered on a $1,000.00 bill. The answer is rather surprising. Depending on the provider, Medicaid may pay a few hundred dollars at most on their $1,000.00 bill. The reason being is that Medicaid has negotiated significant cuts with the medical providers to keep costs low.
On the flip side, a medical provider who refrains from billing Medicaid and receiving a significant cut to their $1,000.00 bill can claim a medical lien and seek reimbursement for the entire $1,000.00 bill. If this seems unfair, stop for a moment and read our Billed Versus Paid article. While no one wants to pay more for the same treatment, being able to claim $1,000.00 of damages as opposed to a few hundred dollars may actually be more beneficial to your claim for damages.
However, this does not mean that you should refuse to use your health insurance. Most insurance companies will refrain or delay settlement negotiations with an accident victim until it has been determined whether the victim has health insurance or not. Even if you do not, the insurance company may request that you sign an affidavit of no health insurance. An affidavit of no health insurance is a sworn statement by an accident victim attesting to the fact that they have no health insurance.

Which Doctor Should I Go To?

If you have been injured in an accident, assess the severity of your injuries. If you feel that you need emergency medical services, it is important to go directly to the emergency room. However, if you do not need emergency medical care, consider calling your primary care physician and making an appointment.
If you have called your primary care physician and your appointment will be in three weeks, consider going to an urgent care facility or calling another primary care physician for an earlier appointment.
However, once you have visited your first doctor, whether it was in the emergency room or the urgent care facility, be sure to ask the doctor when you should follow up. If your follow-up is in several weeks, and you are feeling worse before that appointment, do not hesitate to go back sooner. While following your doctor’s advice is always recommended, consider your pain and injuries and feel free to seek additional care when needed.

How Long is Too Long After the Accident to Go See a Doctor?

As a general rule of thumb, and in my opinion, any accident claim involving an individual who has not received some kind of medical treatment within the first seven (7) to ten (10) days will experience some difficulty in making a claim and/or proving damages.
This general rule does not mean that you should forego or refrain from seeking medical treatment if you are unable to receive medical care within the first seven to ten days after an accident. There are many exceptions to and factors that affect this general rule. On a practical note, general rules do not apply to all facts and circumstances.

Follow Your Doctor’s Instructions

After your accident and while seeking medical treatment, it is important to follow your doctor’s instructions. If your physician recommends that you should be written out from work, you should refrain from working. Being written out from work by your physician may result in a lost wage claim. The most common mistake made in personal injury claims in North Carolina arises when the accident victim fails to follow up and adhere to the recommended treatment plan. Should your physician recommend that you follow up in a week, you should do so. By the same token, should your doctor recommend that you receive physical therapy three (3) times per week for four (4) weeks, it is important that you do so. Failing to follow your doctor’s instructions can and will be used against you in your claim with the insurance company.
IMPORTANT NOTE: Visiting your doctor’s office and seeking treatment may be stressful or even pain-inducing (depending on the procedures), so you may consider bringing a notebook and documenting what the doctor recommends that you do so that you will be able to reference the doctor’s specific instructions later.
Should your doctor provide you a referral to a different physician or directly to a specialist, contact that medical provider immediately. Many specialists are extremely busy, and appointments may not be available for some time. If the medical specialist that you contact has no availability, consider contacting your doctor again and asking for a referral to another specialist.

Treatment Mistakes to Avoid

Through years of dealing with insurance adjusters and evaluating our clients’ medical records, we’ve noticed that the most common mistakes accident victims make are:

• Over-treating (continuing to seek treatment past what is deemed reasonable and necessary to reach your maximum medical improvement)
• Double treating (treating with two or more similar providers for the same injuries)
• Missing appointments (constantly cancelling your scheduled appointments or not showing up to scheduled appointments)
• Having large gaps in treatment (waiting too long to seek medical treatment or having lengthy gaps between scheduled appointments)
• Not following doctor’s orders (not following up when scheduled, not using prescriptions per instruction, not utilizing referrals to specialists as needed and not complying with home exercise plans).

These mistakes can not only delay your recovery but can also severely harm your personal injury case.

Cite: https://wallacepierce.com/compensation/medical-treatment/importance-of-seeking-medical-treatment/