May 11, 2008

San Diego Immigration Attorney - I-601 Waiver success!!

In the past few weeks we succeeded in getting several Extreme Hardship (I-601 Waivers) approvals at the US Consulate in Ciudad Juarez. The amazing thing is that many of these cases got approved the same day. Here is a detailed report of the experience by one of our clients. We hope this information will help the numerous families that are about to embark on this difficult journey.

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This is my complete experience of becoming a legal permanent resident. I hope it helps those who are going through this confusing time.

My previous legal status was of an undocumented alien. My parents brought me here when I was fourteen. In high school I met my husband and have been married for four years.
My first interview was Friday March 7th 2008, 6:25 am. I arrived in Juarez Tuesday night and the next morning went to my medical examination.

Medical Examination

(Remember not to eat anything before this step, but do take a snack into the clinic for after your blood samples you will be hungry)
Wednesday morning we were at the clinic at 6:00am and waited in line for along time, Around 9 am, I finally was in. the first step inside was to give my information to the ladies in the front desk (this included my interview letter and vaccination record), after that they told me to go to waiting room #4 (all the other female applicants are there too). I sat there until my name was called, when they did called me it was to have blood samples taken out. After blood samples I waited again for three hours until they called me to an inside room, this is where the complete body examination takes place its not to pleasant but everyone is really polite.

After the examination they sent me to another waiting room were they administered the vaccines I needed (important to take your vaccination record, if not they will give you all the vaccines and charge you for each one). Then I waited in line to pay for my examination and vaccines. At the payment booth they handed me a little paper where it said I had to appear at the consulate the next morning (don’t panic if you don’t get one I was told not everyone gets one). That same day around 3pm we picked up my medical results. They gave me a vanilla envelope and a black plastic envelope and was told not to open them. This ended my first step.

Documents pre- examination

(This was because of the little paper I received at the clinic not my interview date)
Thursday morning we were at the consulate at 6am, I brought the little paper and interview letter and all other documents we had. I got inside until 10am by my self, my husband had to wait outside, there was not enough room for everyone. Inside I waited for my name and when I got called onto a window I was asked some questions about my husband and about myself. I handed them my medical exam and passport, and anything else they asked for. I was told to wait again to be called for fingerprints, after fingerprinting they gave me a colored paper that allowed me to get into the consulate the next day. This ended my third day in Juarez.

Interview date

(Remember no to bring cell phones, make up, or anything sharp in the consulate they will make you throw it away)
This was my final process day and again we waited in line for about two hours, when I got in, I handed my colored paper to a person picking them up and waited about three hours to be called. When I was called my interview went well, the agent asked me questions about my husband and about my self. She had all my documents from the day before and she told me I could not receive my visa; but I was eligible for an i-601 waiver. She handed my all my original documents and gave me a paper explaining the waiver process. I was not sad this was what I expected.

Waiver interview

(This interview can be scheduled before hand and the waiver packet can also be prepared once you know your first interview date)
My appointment was scheduled by my attorney Jacob Sapochnick for April 11th 2008. During this month my waiver packet was completed by Jacob with all the documents we had given him before hand( it is very important to have a good hardship letter from your spouse and supporting evidence). On the day of my appointment that was a Friday I didn’t have to wait in line at all; I just showed at the time of my appointment and I was allowed in directly to pay for my waiver $545. After paying I was sent to another building where I handed in my waiver packet and waited about 4-5 hours to be called again. When I was called other seven people got called with me, as a group they gave us the good news “your waivers have been approved!!!!” we were all extremely happy. They gave us a letter and told us to return to the consulate on Monday morning (be prepared for this sometimes you can return to the consulate that same day but they could also have you return on the next business day).

Visa pick up

(Remember to be early this time you do have to wait in line)
On Monday morning we were in line early, with the paper in hand. Again inside somebody picks up the paper and you wait to be called. When I was called they handed me a vanilla envelope and was told not open it they also gave me back my passport with my visa on it, the outside of the envelope had a sticker that showed the port of entry I needed to go to. My port of entry was Santa Teresa which was very far away out in desert. We got a taxi ( be prepared to pay a lot of money for the taxi if you get a far away entry port, our taxi was $60 each way and yes they do wait for you to bring you back.) At the port of entry you hand over your packet and they fingerprint you. Once this over they stamp your passport and welcome you to the United states of America yeahhh! This is the end of my journey, now I am back at home happy to be with my husband ready to start our new lives.

I know that Juarez is the only consulate in the world that can approve waivers on the same day. I pray for the rest of the consulates in other countries to adopt this method it could spare a lot of suffering to separated families.


May 8, 2008

EB5 Investor Visa - New Regional Centers Approved

Some news to report in the Immigrant Investor Visa category. USCIS approved the Southeast Los Angeles Regional Center for the EB-5 Pilot Program. The USCIS also approved and designated the Los Angeles Film Regional Center for participation in the Immigrant Investor Pilot Program.

Click Here to Read the Approval Letters for Southeast LA Download file

Click here for the LA Film Regional Center Download file


So what is a Regional Center? In 1993, an option was created whereby immigrants may invest $500,000 or more in USCIS-designated "Regional Centers" in a high unemployment area.

In this program, an agent, makes an offer to the USCIS. If the USCIS finds it will benefit a regional economy and shows potential for providing significant indirect employment, the project will be designated a Regional Center. With USCIS approval, the agent forms a limited partnership or corporation. Investors may apply for permanent residency upon making the investment.

Investors in a Regional Center do not have to have day-to-day management responsibility or prove the business employs ten workers. Rather, they may rely on industry job multiplier statistics. A Regional Center means that the USCIS is satisfied with the job creation potential. We can provide you with information about specific Regional Center Investments for you to perform due diligence analysis.

More on EB5 here

March 14, 2008

Green Card Lawyer - Biometrics Now Required for Reentry Permits and Travel Documents

If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit. This lets you to stay away for up to two years. You should send in your application before leaving. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.

The USCIS has recently changed the system and procedure for processing reentry permits and refugee travel documents. These applications are made on Form I-131, Application for Travel Document. Under the new procedures, effective March 6, 2008, applicants for reentry permits and refugee travel documents must provide biometrics information before leaving the United States. This is done via an appointment at an Application Support Center, scheduled after the filing of Form I-131by USCIS. The new procedures do not pertain to the advance parole, as they only pertain to the reentry permit and refugee travel document.

The new procedures apply to individuals between the ages of 14 and 79 who are applying for reentry permits and refugee travel documents. They are advised to apply well in advance of their need to travel and, with limited exception, the fingerprinting and photographing must occur before departure. The USCIS indicates that the filing receipt and notice of appointment at the ASC are mailed to the applicant shortly after the I-131 is filed. There is an option for providing the USCIS with pre-paid express mailers, for transmitting the receipt and appointment notices as well as the reentry permit more quickly. However, this apparently requires a specific request for expedited processing and justification for that request. Such cases will be reviewed on a cases by cases basis.

We suggest all applicants for re entry permits to plan in advance as the appointment requirement will prevent a quick departure.

February 18, 2008

EB5 Investor Visas - New Orleans can be an option

Due to the recent influx in inquiries about this Immigrant visas, I have decided to post a little summary and updates.

The EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center." A "Regional Center" is an entity, organization or agency that has been approved as such by the Service; focuses on a specific geographic area within the United States; and, seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

New Orleans attracted a Regional Center company certification a few years ago. In addition to New Orleans, designated "regional centers" exist in Philadelphia, Seattle, California's Imperial Valley, eastern Washington state, Las Vegas, parts of Iowa and South Dakota, and the entire states of Hawaii and Vermont. Applications are currently pending for Milwaukee, Houston, northern Texas and southwestern Kansas.

Click here for the current regional center list Download file

Read More about New Orleans EB5

January 27, 2008

EB-1 Visa - Denial for Research Scientist of Extraordinary Ability

We process numerous EB1 cases at the firm, I consider theses case to be the most difficult and challenging to win. Take for example the recent AAO non precedent denial of an EB1 case. The AAO upholds the denial of an I-140 petition for classification as a research scientist of extraordinary ability, finding that the petitioner failed to establish sustained national or international acclaim. Evidence in many of the categories was rejected as not setting the individual apart from others in the field.

The EB-1 visa is an immigrant visa, which allows foreign nationals with 'extraordinary ability' in the sciences, arts, education, business, or athletics to obtain permanent residency in the U.S. The achievements must have been demonstrated by sustained national or international acclaim be recognized in the field through extensive documentation.

Read the court decision here Download file