Articles Posted in Consulates

Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this post, we discuss the status of the Presidential Proclamation signed by President Trump on October 4, 2019, that sought to suspend the entry of immigrants who would financially burden the United States health care system.

Firstly, let’s discuss what this Presidential Proclamation is about.

Effective November 3rd, the Presidential Proclamation required persons seeking to immigrate to the United States to provide proof, within 30 days of their entry to the United States, of approved health care coverage, or adequate financial resources to pay for reasonably foreseeable medical costs.

Immigrant applicants who failed to provide such evidence would be considered a financial burden on the U.S. healthcare system and would be inadmissible to the United States.

More on the Proclamation here.

What’s happened?

In response to a lawsuit filed by seven U.S. Citizens and a nonprofit organization, on Sunday November 2, 2019, U.S. District Judge Michael Simon issued a temporary restraining order blocking the President’s Proclamation from going into effect as planned on November 3rd.  Judge Simon’s order applies nationwide meaning that the government cannot enforce any parts of the proclamation until the court reaches a decision on the merits of the case.

Continue reading

Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we cover a new policy update handed down by USCIS that affects children of U.S. service members and government employees stationed abroad.

The new policy update states that certain children of U.S. government employees and U.S. armed forces members, employed or stationed outside the United States, will not be considered to be “residing in the United States” for purposes of acquiring citizenship under INA 320 beginning October 29, 2019.

In other words, some children of U.S. government workers and members of the U.S. armed forces stationed abroad will no longer be granted automatic citizenship. Instead, their parents will need to apply for their citizenship by filing Form N-600K Application for Citizenship and Issuance of Certificate Under Section 322 before the child’s 18th birthday.

Who does the Policy affect?

This policy applies to the following categories of children of U.S. government employees and U.S. armed forces members:

  • children of non-U.S. citizens adopted by U.S. citizen employees or service members;
  • children of non-U.S. citizen parents who become citizens after the child’s birth; and
  • children of U.S. citizens who do not meet residency requirements to transmit citizenship to their children at birth.

While these children will no longer obtain citizenship automatically, U.S. citizen parents residing outside the United States, with children who are not U.S. citizens, can still apply for their citizenship, by filing Form N-600K before the child’s 18th birthday.

Who does the Policy not affect?

The policy DOES NOT affect children who are citizens at birth or who have already acquired citizenship prior to October 29, 2019.

The Takeaway

This new policy does not take away the citizenship rights of children of U.S. service members and government employees stationed abroad, but rather makes it harder for these children to acquire citizenship by requiring parents to submit Form N-600K with supporting documentation. Previously, children who regularly resided outside the United States could acquire citizenship automatically.

Please remember to follow us on FacebookYoutubeTwitter, and Instagram.

Capture

In this video attorney Jacob Sapochnick discusses important visa bulletin updates.

F2A Spouses and Children of Permanent Residents is now current as of July 1, 2019 with the release of the July 2019 Visa Bulletin. That means that beginning July 1, 2019, spouses and minor children of green card holders can file for I-485 adjustment of status.

What does this mean for green card holders? If your spouse and children (under 21 and unmarried) are in lawful status and have already filed an I-130, they should be ready to file their I-485, Application for Adjustment of Status, starting July 1. If your spouse and children (under 21 and unmarried) are in lawful status in the US and you have not already filed an I-130, the I-130 and I-485 should be filed concurrently starting July 1. If your spouse and children (under 21 and unmarried) are overseas and they have an approved I-130, they should be ready to submit all necessary documents to the National Visa Center so an immigrant visa interview can be scheduled.

For more information about this new update please click here.

Please remember to follow us on FacebookYoutubeTwitter, and Instagram.

Capture

Great news for New Zealand Investors!

In this video attorney Jacob Sapochnick discusses New Zealand’s recent addition to the E-2 Investor Visa Program.

With the passage of the Knowledgeable Innovators and Worthy Investors Act (KIWI), New Zealand nationals may now apply for the E-1 and E-2 Investor Visa.

There are two ways to apply for the E Visa.

Applicants Lawfully in the U.S.

Investors who are already lawfully present in the U.S. on a valid nonimmigrant visa may file Form I-129 to change their status to the E-2 visa classification, with the necessary supporting documentation.

Applicants Outside the U.S.

Investors who are outside of the U.S. must apply for the E-2 nonimmigrant visa at a U.S. Consulate near their place of residence. The applicant must submit the DS-160 Online Nonimmigrant Visa Application, pay the necessary fees, and schedule their visa interview. Applicants must bring their complete application and necessary documentation to establish eligibility at the time of their interview.

What are the Requirements?

  • The investment funds and the applicant must come from the same Treaty Country.
  • The business in which investment is being made must provide job opportunities or make a significant economic impact tin the United States. The business should not be established solely for the purpose of earning a living for the applicant and his or her family.
  • The investment must come from the investor. The money must be “at risk”. Thus, a loan that is secured by the assets of the business itself will not qualify i.e. if loans have been taken out, they must be secured or guaranteed by the investor personally, and not by the assets of the corporation.

Continue reading

In this video attorney Jacob Sapochnick discusses an important E-2 visa subject: how do you prove source of funds for your E-2 investment?

Loans

If your source of investment is a loan: you must prove that your loan is secured by some personal property.

Gifts

If your source of funds is a gift: you must prove that you have control of that gift and show the source of funds of the person that gave you the gift, for example if the funds came from the sale of the house, the documents of the sale of that house must be provided. If the funds came from savings, then the person would need to provide their savings account statements. If the funds came from someone’s salary, then pay stubs must be provided.

In general, if a person has given you a gift of money, and that is the source of your E-2 investment, that person must prove how they got the money.

Proceeds from Real Estate

If the funds are coming from the proceeds of a real estate sale then you must provide the deed, proof of the bill of sale and the transaction, etc.

Investments

If the source of funds is coming from investments such as stock, life insurance, then at least three years of tax returns must be provided, and three years of statements from those institutions.

Continue reading

In this video attorney Jacob Sapochnick discusses how to complete Form I-130 Petition for Alien Relative. Please keep in mind that this video is not intended to be legal advice. The information provided is for educational purposes only and does not substitute the legal advice of your attorney. If you are filing the I-130 Petition for Alien Relative on your own, you must read the form instructions very carefully or seek the assistance of an attorney who will complete the forms according to your specific situation.

If you are filing for adjustment of status, or for an immigrant visa, based on a qualifying family relationship, your petitioner must sign and complete Form I-130 Petition for Alien Relative to establish that a valid family relationship exists. If the beneficiary of the petition is the spouse of the petitioner, then the beneficiary must complete Form I-130A Supplemental Information for Spouse Beneficiary.

Filing a Form I-130 is only the first step in helping a relative immigrate to the United States. Certain eligible family members must wait until there is a visa number available before they can apply to become a lawful permanent resident.

Who May File Form I-130

U.S. Citizens and lawful permanent residents may file the I-130 on behalf of qualifying relatives.

For more information about adjustment of status please click here.

Please remember to follow us on FacebookYoutubeTwitter, and Instagram.

Capture

In this video, attorney Jacob Sapochnick discusses what you can do if your TN visa is denied.

What is a TN Visa?

First, let’s discuss what a TN Visa is, who qualifies, and what the process is like to apply.

The TN Visa allows citizens of Canada and Mexico to work in the United States under the North American Free Trade Agreement.

What are the requirements?

In order to be eligible to apply for a TN visa, the applicant must:

  1. Be a Citizen of Canada or Mexico
  2. Apply to work in a profession authorized by NAFTA.For a complete list of authorized professions click here.
  3. Fill an approved position under NAFTA regulations
  4. Work in a pre-arranged full-time or part-time job, for a U.S. employer
  5. Have the qualifications required for the position sought.
  6. Educational requirement: The employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials as required by NAFTA. Evidence of professional qualifications may include copies of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, and certificates from an educational institution outside of the U.S. must be accompanied by an evaluation by a credential evaluation service specializing in evaluating foreign academic credentials.
  7. Work Experience Requirement: The applicant must provide evidence of his or her experience in the position sought (recommendation letters from former employers).
  8. Provide proof of ties to your home country

Application Process

Canadian Citizens

Canadian citizens may apply for a TN visa at a U.S. port of entry providing the following supporting documentation:

  • Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer;
  • Employment Letter – Evidence of professional employment;
  • Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;
  • Proof of ability to meet applicable license requirements;
  • Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. However, Canadian citizens traveling to the United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;

Continue reading