Articles Posted in Green card

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In this post, we discuss the top five reasons applicants are denied at their citizenship interview.

First let’s go over some basics:

In order to become a United States Citizen, you must meet the following general requirements at the time of filing your N-400 Application for Naturalization:

 

You must be:

  • A lawful permanent resident
  • At least 18 years of age
  • Maintained continuous residence in the United States since becoming a permanent resident
  • Be physically present in the United States
  • Have certain time living within the jurisdiction of a USCIS office
  • Be a person of Good Moral Character
  • Have Knowledge of English and U.S. Civics with some exceptions outlined below
  • Declare loyalty to the U.S. Constitution

As part of the citizenship interview, applicants must pass a civics and English test in order to receive United States Citizenship. The Civics test is an oral examination provided in the format of Question and Answer by an immigration officer in which the officer tests your knowledge of United States history and government. During the Citizenship interview, the USCIS officer asks the applicant up to 10 out of 100 civics questions provided by USCIS on their website as part of the study material for the examination. Applicants must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test.

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On Friday, March 30, 2018, the Department of State published a 60 day notice in the Federal Register entitled “Notice of Proposed Information Collection: Application for Immigrant Visa and Alien Registration,” proposing to require immigrant visa applicants to submit five years of social media history as part of the information requested on the DS-260 Immigrant Visa Electronic Application used by applicants to schedule Immigrant Visa interviews at U.S. Embassies and Consulates worldwide. The DS-260 is an Electronic Form that is completed by immigrant visa applicants and used by consular officials to determine whether the applicant is eligible for an immigrant visa.

Specifically, the Department wishes to, “add several additional questions for immigrant visa applicants. One question lists multiple social media platforms and requires the applicant to provide any identifies used by applicants for those platforms during the five years preceding the date of the application.”

Information provided by immigrant visa applications relating to their social media will be used to enhance “vetting” of applicants to verify their identity, ensure that they meet all visa eligibility requirements, and to prevent individuals from entering the country who pose a threat to the county’s national security, or have been associated with a terrorist organization.

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Andrew, a real estate professional and Vice President of a large real estate firm headquartered in Asia, came to our office to discuss the possibility of filing for an EB-2 National Interest Waiver. To receive a national interest waiver, the applicant must demonstrate a high level of achievements and unique skills pertaining to their position to justify a waiver of the requirements of a job offer and labor certification filing.

The challenge in Andrew’s case was the absence of demonstrated achievements in the real estate business, and various non-disclosure agreements the client had signed restricting the documentation he could provide to demonstrate his exceptional ability in the industry, based on the high net worth projects he had worked on in the real estate industry. There were however other strengths that Andrew possessed that would qualify him for the national interest waiver. Andrew possessed a law degree from his home country, a master’s degree in taxation, a master’s degree in real estate from an ivy league university, and he was licensed to practice law in the United States. In addition to possessing these advanced degrees, two of which were received in the United States, Andrew’s career in the real estate sector spanned nearly 21 years.

The difficulty however remained in that Andrew did not have many documents to present to USCIS demonstrating his achievements as an entrepreneur and real estate investor, and the projects he was working on could not be disclosed based on the confidentiality agreements he had signed. Our experienced staff and attorneys decided that the best strategy in Andrew’s case was to highlight his education and vast experience in the industry having maintained high level positions in the industry, leading international real estate teams, heading overseas real estate and property management implementation strategies across various continents, and initiating/implementing domestic real estate acquisition projects totaling more than $4 billion in investment. We are happy to report that our strategy was successful and Andrew’s national interest waiver was recently approved. Here is how we did it.

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Beginning April 1st New Delhi Will No Longer Process IR1/CR1 or IR2/CR2 visas

The U.S. Department of State announced via their website that the U.S. Embassy in New Delhi will no longer process IR1/CR1 visas for spouse of US Citizens or IR2/CR2 visas for unmarried minor children of US Citizens beginning April 1, 2018. Foreign nationals who are in the process of obtaining an IR1/CR1 visa or IR2/CR2 visa with an interview that has been scheduled on or after April 1, 2018, will have their interview at the U.S. Consulate General in Mumbai. We recommend that petitioners be on guard for any letters from the National Visa Center specifying the location of the intending immigrant’s interview, as well as details about how to prepare for the interview stage.

President’s DACA Deadline Passes

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During December of last year, the United States Citizenship and Immigration Services (USCIS), announced that the agency was beginning to take preliminary steps to terminate H-4 Employment Authorization for certain H-4 spouses, a privilege that has been available to eligible spouses of H-1B nonimmigrant workers since 2015. As it stands, the 2015 H-4 EAD rule allows certain H-4 dependent spouses of H-1B nonimmigrant workers the ability to obtain an employment authorization card (work permit), provided the H-1B nonimmigrant worker is in the process of obtaining an employment based green card.

Proposal to Amend the 2015 H-4 EAD Rule

On December 14, 2017, a rulemaking notice was first published in the Federal Register notifying the public that the Department of Homeland Security, in conjunction with USCIS, would be reviewing and possibly amending the 2015 H-4 EAD rule, following the issuance of Executive Order 13788, “Buy American, Hire American.”

According to the notice published in the Federal Register, DHS reserves the authority to amend the 2015 H-4 EAD rule under section 102 of the Homeland Security Act of 2002 and section 103(a) of the Immigration and Nationality Act (INA). These sections of the law give the Secretary of the Department of Homeland Security the discretionary power to amend the law so that it aligns with the policies set out in the President’s executive order.

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In an effort to modernize and streamline the application process, the United States Citizenship and Immigration Services (USCIS) has finally announced that it will begin to accept payment via credit card for all 41 fee-based forms. Previously, applicants were required to make filing fee payments by personal check or money order for most fee-based forms. Now applicants will be able to use their credit cards to pay their filing fees using Form G-1450 Authorization for Credit Card Transaction.Accepted credit cards include Visa, MasterCard, American Express and Discover cards.  Applicants for naturalization and those renewing or replacing their Green Cards can pay via credit card using the e-file system.

Applicants filing any of the following forms with a USCIS Lockbox facility may now utilize the credit card payment option. Please remember to include Form G-1450 along with your application when filing by mail:

*Most frequently used forms appear in bold.

For a complete list of filing fees please click here.

Form Number Form Name
EOIR-29 Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
G-1041 Genealogy Index Search Request
G-1041A Genealogy Records Request
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
I-129F Petition for Alien Fiance(e)
I-130/A Petition for Alien Relative
I-131 Application for Travel Document
I-140 Immigrant Petition for Alien Worker
I-212 Application for Permission to Re-apply for Admission into the U.S. After Deportation or Removal
I-290B Notice of Appeal or Motion
I-360 Petition for Amerasian, Widow(er) or Special Immigrant
I-485 Application to Register Permanent Residence or Adjust Status
I-485 Supp A Supplement A to Form I-485, Adjustment of Status under Section 245(i)
I-526 Immigrant Petition by Alien Entrepreneur
I-539/A Application to Extend/Change Nonimmigrant Status
I-600 Petition to Classify Orphan as Immediate Relative
I-600A Application for Advance Processing of Orphan Petition
I-601 Application for Waiver of Grounds of Inadmissibility
I-601A Application for Provisional Unlawful Presence Waiver
I-690 Application for Waiver of Grounds of Inadmissibility
I-694 Notice of Appeal of Decision Under Sections 245A or 210 of the INA
I-698 Application to Adjust Status from Temporary to Permanent Resident (under Section 245A of the INA)
I-765 Application for Employment Authorization
I-800 Petition to Classify Adoptee as an Immediate Relative
I-800A Application for Determination of Suitability to Adopt a Child from a Convention County
I-817 Application for Family Unity Benefits
I-821 Application for Temporary Protected Status
I-824 Application for Action on an Approved Application or Petition
I-829 Petition By Entrepreneur to Remove Conditions on Permanent Resident Status
I-90 Application to Replace Permanent Resident Card
I-910 Application for Civil Surgeon Designation
I-941 Application for Entrepreneur Parole
N-300 Application to File Declaration of Intention
N-336 Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the INA
N-400 Application for Naturalization
N-470 Application to Preserve Residence for Naturalization Purposes
N-600 Application for Certificate of Citizenship
N-600K Application for Citizenship and Issuance of Certificate Under Section 322

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This week the President of the United States delivered his much-anticipated State of the Union to unite the Democratic and Republican parties on a range of contentious issues still unresolved in Congress. One of those hot-button issues has been immigration. As you may recall the President has given Congress until March 5, 2018 to pass legislation protecting Dreamers from deportation.

Ahead of the President’s speech the White House unveiled an immigration framework thought to gain support from Democrats in Congress, however the Democratic response in the room to the President’s remarks on immigration was somber.

While the President’s speech focused largely on improving the economy and helping small American businesses, the President also touched on immigration. President Trump opened his remarks on immigration by calling for immigration policies that will put American workers and their families first.

To highlight the importance of border security and implementing tougher immigration policies the President recounted the tragic story of Kayla Cuevas and Nisa Mickens, two close friends that were brutally murdered by adolescent gang members of MS-13, who the President said took advantage of the country’s loopholes to gain entrance into the country as unaccompanied minors. The parents of Kayla and Nisa Mickens stood tearfully to receive applause from members of Congress in the room.  The President called on members of Congress to “close the deadly loopholes that have allowed MS-13 and other criminals” to enter into the country. The President touted that his administration has proposed new legislation to fix the country’s immigration laws and support ICE and Border Patrol Agents in their efforts to apprehend dangerous criminals.

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personal-3108155_128038035946756_590b28ab9a_zIt did not take long for President Trump to capitalize on the terrorist attack which took place several days ago in New York City, to attack the Diversity Visa Program and the process by which US Citizens, and in some cases green card holders, can petition for extended family members to immigrate to the United States.

Following the terrorist attack in New York City, which claimed the lives of 8 Americans, the President fired off a series of tweets calling on Congress to terminate the Diversity Visa Program, claiming that the perpetrator of the attack, Sayfullo Saipov, had gained admission to the United States seven years ago through the diversity immigrant visa program, a congressionally mandated program made possible by section 203(c) of the Immigration and Nationality Act (INA). According to CNN, the Department of Homeland Security has said that Saipov came to the United States in 2010 on a diversity visa. Department of Homeland Security archives confirm that Uzbekistan was a country participating in the Diversity Visa program as early as 2007, and continues to participate in the Diversity Visa Program.

The Diversity Immigrant Visa Program

The Diversity Immigrant Visa program is a program enacted by Congress, which allocates up to 50,000 immigrant visas per fiscal year to a special class of immigrants known as “diversity immigrants.” Each fiscal year diversity applicants register for the visa program electronically at no cost. Applicant entries are selected at random through a computerized “lottery” system to allocate the 50,000 available immigrant visas for the Diversity Immigrant Visa Program. Only diversity immigrants who are natives of countries with historically low rates of immigration to the United States qualify for the Diversity Immigrant Visa program. In other words, to qualify for a diversity visa, essentially a green card, you must be a native of a country participating in the diversity visa program. Countries with historically high rates of immigration to the United States DO NOT qualify.

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In 2013, as a Polish citizen who worked in Ireland, I started very seriously considering going to the United States to become a student and receive education to excel at my job. Little did I know how difficult it could actually be to cross the doorstep of the US embassy and go through the interview process. My heart broke when I experienced denial. I remember walking out of the building crying and then running through the rain towards the bus station. It felt like some horrific movie scene. 

I wanted to give up and never try again. I went back to work and tried my hardest not to think about it. Within a few days, however, my friend and I, found Jacob Sapochnick’s website. I looked up reviews instantly, and I became very excited about the idea of talking to him and his team about my situation. 

My consultation was over the phone, but Jacob did a marvelous job outlining details, and, in fact, his prognosis was very positive. I couldn’t believe that I could still be able to fulfill my dreams and, perhaps, reapply. In 2014, while I was visiting the US on a tourist visa, I met with Jacob and his team in person and decided to file a change of status application. I didn’t think twice, and we gave it a go. Everyone did an incredible job filling out all the necessary paperwork. Whenever I was worried or felt down, I could call them and get a prompt calming answer. I still remember talking to Inese, one of Jacob’s employees, and hearing how positive she was about the outcome of my case.  

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Given the recent termination of the Deferred Action for Childhood Arrivals (DACA) program and the controversy surrounding the immigration system as of late, in this post we address the numerous myths surrounding the DACA program and of immigration law in general. Although there are numerous studies and empirical research debunking the common myths attributed to the immigration system, as well as detailed economic reports published by governmental agencies corroborating the positive effects of immigration, Americans continue to hold a negative perception of immigrants and are increasingly skeptical of the immigration process. In truth, much of these perceptions are perpetuated by the unwillingness of Americans to obtain readily available information on the internet, to discover that the immigration process for individuals who entered the United States illegally is riddled with obstacles. More and more we are seeing Americans rely on news stations to accurately deliver the news and do the work for them. Unfortunately, the best way to understand the immigration process itself is to go straight to the source, and not rely on such sources for information.

The public needs to know the facts to better understand that the average immigrant actually has very few immigration options available to them under the current immigration system.

MYTH #1 It is easy to get a green card under current immigration laws

Most Americans believe that it is relatively easy to get a green card. This cannot be further from the truth. Immigration laws are highly complex and are designed to make it more difficult for extended family members, low-skilled workers, and undocumented immigrants to immigrate to the United States. Under current immigration laws, there are generally only two ways to immigrate to the United States and obtain permanent residency, outside of special immigrant categories specifically reserved for special categories of individuals including: asylees, refugees, certain witnesses of crimes, victims of abuse, and individuals who may qualify for withholding of removal. It is extremely difficult for individuals to qualify for permanent residency under one of these special categories.

Outside of these special categories, foreign nationals may immigrate to the United States and obtain permanent residency, only if they have a qualifying family member (such as a US Citizen or LPR spouse, child, etc.) who may petition for them or if the beneficiary works for a U.S. employer on a valid visa who is willing to sponsor the foreign national by petitioning for their permanent residency.

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