Articles Posted in Green card

 

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss a frequently asked question: can you travel with a pending I-485 Adjustment of Status application?

Overview:

Generally, anytime a person has a pending application with USCIS like a visa extension or change of status petition, that person cannot depart the United States until that petition is approved.

In this video however we will focus specifically on applicants who have a pending I-485 adjustment of status application based on family or employment sponsorship.

Employment-Based Applicants 

With regard to employment-based adjustment of status applicants, this category of applicants is typically present in the United states on a valid non-immigrant visa classification such as H1B, L1, etc. and are simply waiting for their I-485 green card petition to be adjudicated.

With respect to H1B and L1 visa holders ONLY, these individuals can depart the United States on their H1B or L1 visa classification and return, despite having a pending I-485 application.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss whether a parent of a US Citizen child 21 years of age or older, can adjust status within the US if they overstayed their visa.

Overview: 

In this scenario, a US citizen child is interested in petitioning his or her parent for a green card. In this case, the parent arrived to the United States on a valid visa 12 years ago and overstayed that visa.

Can that parent adjust their status in the US? Can the parent do this process from within the US or overseas?

As long as the parent entered the United States legally by way of a valid visa and the petitioning child is a US Citizen over 21 years of age, the parent is still eligible to apply for adjustment of status within the United States, even if the parent has overstayed their visa. The “overstay” is essentially waived in cases where the petitioner is a U.S. citizen and immediate relative of the beneficiary.

On the adjustment of status application, the overstay must be disclosed.

DUI Offenses

What if my parent obtained a DUI offense while in the US? Are they still eligible to Adjust Status?

A DUI on its own does not bar an applicant from obtaining permanent residence, however the applicant must provide all documentation necessary regarding the offense, such as the final disposition of the offense, and documentation showing what if any fines were paid.

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we talk about the different investment visa options available under current law.

E-2 Non-immigrant Visa: Visa through Investment

The first option is the E-2 visa. This is a non-immigrant visa that allows foreign nationals from eligible treaty nations to invest in a new business in the United States. The required investment amount will vary depending on the type of business.

Not every country participates in the E-2 visa program. You must be a national of a treaty nation in order to qualify. For a complete list of qualifying countries please click here.

The amount of time a foreign national may remain in the United States with an E-2 visa depends on the applicant’s country of nationality. The average processing time to receive an E-2 visa is approximately 3 to 5 months. In order successfully obtain an E-2 visa, the applicant must be able to demonstrate the source of funds of the investment, hire employees to work for the business, and the business must be real and operating.

It is important to note that the E-2 visa does not lead to a green card but can be extended.

EB-5 Immigrant Visa Program: Green Card through Investment

The EB-5 Immigrant Visa Program allows you to invest half a million dollars into a regional center government approved project, or a million dollars direct investment in your own project. To qualify, your investment must create at least 10 jobs and the business must be succeeding and growing.

After November 21, 2019, the minimum investment will increase from half a million to $900,000 for investment in a regional center, and from one million to 1.8 million for direct investments.

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we cover a very important topic: can people who overstayed their visa or entered illegally, get a work visa or employee sponsorship?

Recently our office met with a client who was in this very predicament. He had the perfect job opportunity from his dream employer and was now interested in knowing how he could obtain a work visa with his employer’s sponsorship. The problem: he entered the country illegally and since entering had no lawful status in the United States.

Here is where we had to deliver the bad news.

The bottom line

A person who has entered illegally or overstayed the duration of their visa, is not eligible to adjust their status to permanent residence. During the employment sponsorship process, the visa applicant must provide information regarding their entry to the United States. Under current immigration law, a person who has entered without inspection cannot adjust their status in the United States, based on employment sponsorship except under one limited exception called 245(i).

What is 245(i)

245(i) is a provision in the law passed under the Legal Immigration Family Equity (LIFE) Act in the year 2000, enabling certain individuals who are unlawfully present in the United States to apply for adjustment of status, despite their unlawful entry.

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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.

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In this video attorney Jacob Sapochnick talks about the Diversity Visa Program also known as the “Diversity Visa Lottery.”

What is the Diversity Visa Lottery?

Every fiscal year approximately 50,000 immigrant visas are up for grabs for a special class of immigrants known as “diversity immigrants.” To be eligible to participate in the program as a “diversity immigrant,” you must be from a country with historically low rates of immigration to the United States. If you were not born in an eligible country, you may qualify to participate in the program if your spouse was born in an eligible country or if your parents were born in an eligible country.

In general, the requirements to participate in the diversity visa program are as follows:

Requirement #1: You must be a national of one of the following countries

AFRICA Algeria Angola Benin Botswana Burkina Faso Burundi Cameroon Cabo Verde Central African Republic Chad Comoros Congo Congo, Democratic Republic of the Cote D’Ivoire (Ivory Coast) Djibouti Egypt* Equatorial Guinea Eritrea Ethiopia Gabon Gambia, The Ghana Guinea Guinea-Bissau Kenya Lesotho Liberia Libya Madagascar Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Rwanda Sao Tome and Principe Senegal Seychelles Sierra Leone Somalia South Africa South Sudan Sudan Swaziland Tanzania Togo Tunisia Uganda Zambia Zimbabwe

ASIA Afghanistan Bahrain Bhutan Brunei Burma Cambodia Hong Kong Special Administrative Region** Indonesia Iran Iraq Israel* Japan*** Jordan* Kuwait Laos Lebanon Malaysia Maldives Mongolia Nepal North Korea Oman Qatar Saudi Arabia Singapore Sri Lanka Syria* Taiwan** Thailand Timor-Leste United Arab Emirates Yemen

EUROPE Albania Andorra Armenia Austria Azerbaijan Belarus Belgium Bosnia and Herzegovina Bulgaria Croatia Cyprus Czech Republic Denmark (including components and dependent areas overseas) Estonia Finland France (including components and dependent areas overseas) Georgia Germany Greece Hungary Iceland Ireland Italy Kazakhstan Kosovo Kyrgyzstan Latvia Liechtenstein Lithuania Luxembourg Macau Special Administrative Region** Macedonia Malta Moldova Monaco Montenegro Netherlands (including components and dependent areas overseas) Northern Ireland*** Norway (including components and dependent areas overseas) Poland Portugal (including components and dependent areas overseas) Romania Russia**** San Marino Serbia Slovakia Slovenia Spain Sweden Switzerland Tajikistan Turkey Turkmenistan Ukraine Uzbekistan Vatican City

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In this video attorney Jacob Sapochnick discusses some new developments regarding the government’s planned implementation of a final rule that would have made certain individuals inadmissible to the United States on public charge grounds.

On October 11, 2019, judges in three separate cases before U.S. District Courts for the Southern District of New York (PDF)Northern District of California (PDF), and Eastern District of Washington (PDF) granted court orders to stop the government from implementing and enforcing the terms of the public charge rule proposed by the Trump administration. As a result, the final rule has been postponed pending litigation until the courts have made a decision on the legality of the rule on the merits. These court orders have been placed nationwide and prevent USCIS from implementing the rule anywhere in the United States.

What would the public charge rule have done?

The public charge rule was set to be enforced on October 15, 2019. The rule would have expanded the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa to enter the United States.

A person would have been considered a “public charge” under the rule, if they received one or more designated public benefits for more than 12 months in the aggregate, within any 36-month period.

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In this video attorney Jacob Sapochnick discusses the implications of accepting unlawful employment while in the United States, how it can impact your future green card or immigration status in the United States.

First, what is unlawful employment?

Unlawful employment occurs when a foreign national accepts employment outside of their authorization. For example, if you do not have a work visa with authorizes you to engage in lawful employment, a green card, or employment authorization card, and you accept employment regardless, then you have accepted unlawful employment. In some cases, even unpaid employment may be considered unlawful employment.

Unlawful employment is employment that may have occurred before your last entry (maybe years ago), employment that you have taken before you have filed for adjustment of status, etc.

Unauthorized employment may impact a person’s ability to legalize their status in the United States. However, there are certain instances in which accepting unauthorized employment will not have a negative effect on a person’s future ability to obtain permanent residence.

Exceptions

One of these exceptions is what we call the “immediate relative exception.”

If you are an immediate relative of a U.S. citizen, and are filing for adjustment of status based on your family relationship as:

  • The spouse of a U.S. citizen;
  • The unmarried child under 21 years of age of a U.S. citizen; or
  • The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

Your acceptance of unauthorized employment will not impact your ability to obtain permanent residence because that unauthorized employment will be considered “waived” at the interview.

Recipients of VAWA (Violence Against Women Act) filing for adjustment of status also qualify for this exception and will not be adversely affected by acceptance of unauthorized employment.

In addition, certain physicians and their families who are immigrating to the United States may also be exempt, as well as certain U.S. service members who are in the military and are in the process of adjusting their status.

For more information click on the video above.

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What happens when you have let your green card expire, and you now want to apply for citizenship?

Overview: 

Under current immigration law, a naturalization applicant is not required to have a valid green card at the time of filing for citizenship.

Because of this, individuals with a now expired green card do not need to apply to renew their green cards before applying for citizenship.

However, in cases where the green card was lost or stolen it is recommended that the individual file Form I-90 to renew a lost or stolen green card.  Even in this case you may still apply for citizenship and provide a copy of your I-90 receipt notice as proof that your green card renewal is in process.

Exception: Individuals who are traveling or individuals who need to have a valid green card to prove that they are eligible to engage in lawful employment,  should apply to renew their green cards as soon as possible.

Remember that as a general rule, applicants are allowed to apply for citizenship even if their green card has now expired, but in certain cases it may be a good idea to apply for a green card renewal prior to applying for naturalization.

Conditional Green Cards

If you have received a conditional 2-year green card, you must first remove the conditions on your conditional permanent residence on Form I-751. Conditional residents may apply for citizenship on their third anniversary of becoming a resident, if they remain married to the same individual who petitioned for their green card.

For more information about citizenship please click here.

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In this video attorney Jacob Sapochnick discusses a hot topic in immigration: how should an EB-5 investor choose a Regional Center?

In this video, Jacob Sapochnick will give you his top 5 tips for choosing a Regional Center.

First, what is a Regional Center?

An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the EB-5 Immigrant Investor Program.

Where can I find approved Regional Centers?

The USCIS website contains a list of approved EB-5 (immigrant investor) regional centers by state. Please keep in mind that although these regional centers have been approved by USCIS, you must down your own research to evaluate the regional center’s reliability and their record of success. Do not assume that because the Regional Center has been approved by USCIS that it is a Regional Center worth investing in. You must be diligent when doing your research and seek the advice of a professional when making any investment decision.

As you do your research you will see that real estate projects predominate among regional centers although some regional centers also have investment projects in other sectors.

As a rule of thumb investors should take the following factors into account when choosing a regional center:

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