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Articles Posted in Green card

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the public charge rule and who is affected.

Overview:

Several categories of people are affected by the public charge rule:

The first category of people primarily affected by the public charge rule are applicants filing for adjustment of status on Form I-485 Application to Register Permanent Residence or Adjust Status.

The second category of people affected by the rule are foreign nationals applying for an immigrant visa at a U.S. Embassy abroad.

Also affected are nonimmigrants applying for a change of status in the United States.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we answer one of your frequently asked questions: can I work while my green card application (Form I-485) is pending with USCIS?

Overview:

The answer is yes; however, you will first need to file Form I-765 Application for Employment Authorization with USCIS and wait several months for this application to be processed.

Once the application has been processed you will receive your work permit also known as “employment authorization document” (EAD). You may obtain a social security number, driver’s license, and obtain lawful employment in the United States once you have your employment authorization document.

Please note that an EAD is not the same as a green card. The EAD simply allows you to work temporarily while your green card application is processing. EADs are typically issued for a one-year period of time and may be renewed if your application remains pending with USCIS past the expiration date.

Form I-765 is typically filed at the same time and in the same package as the green card application. However, if you did not file it at the same time as your green card application, you may file it separately so long as your green card application remains pending with USCIS.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the Supreme Court’s recent ruling which will allow the public charge rule to go forward and be implemented by the government.

Overview:

On January 27, 2020, in a 5-4 decision, the Supreme Court of the United States ruled in favor of the Trump administration allowing the government to implement the final rule “Inadmissibility on Public Charge Grounds” nationwide except for in the State of Illinois, where litigation remains pending.

Following the Court’s decision, the United States Citizenship and Immigration Services (USCIS) published a news release on its website notifying the public that the agency will begin implementing the final rule on February 24, 2020 to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020 (except for in the State of Illinois). For applications or petitions sent by a commercial courier (UPS/FedEx/ or DHL), the postmark date will be the date reflected on the courier receipt.

According to the press release, “The Final Rule prohibits DHS from considering an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Oct. 15, 2019, when deciding whether the alien is likely at any time to become a public charge. In light of the duration of the recently-lifted nationwide injunctions and to promote clarity and fairness to the public, DHS will now treat this prohibition as applying to such public benefits received before Feb. 24, 2020.

Similarly, the Final Rule prohibits DHS from considering the receipt of public benefits by applicants for extension of stay and change of status before Oct. 15, 2019 when determining whether the public benefits condition applies, and DHS will now treat this prohibition as applying to public benefits received on or after Feb. 24, 2020.” Continue reading

 

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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