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Important Information on the Public Charge Rule Effective 2/24/2020
On January 27, 2020, the U.S. Supreme Court ruled that it would allow the public charge rule that was supposed to go into effect on October 11, 2019, but was stopped, to now go into effect. USCIS recently issued a news alert stating that it would start implementing this rule on February 24, 2020. Any files that are postmarked on or after February 24, 2020, will be subject to this rule. I had written blog post about this last year when it was set to go into effect on October 14, 2019. See my blog post here where I discussed this public charge rule, and what applicants applying for green…
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What You Need to Know About the Differences Between Adjustment of Status and Consular Processing
If you want to become a lawful permanent resident (aka LPR or green card holder), you will either do it through adjustment of status or consular processing. The way you choose depends on where you are when a visa becomes available, your preferences, and your circumstances. If you are already living in the United States, you can become a lawful permanent resident without leaving the country by applying for adjustment of status. If you are outside of the United States, you can use consular processing to be admitted as a lawful permanent resident. A question I get asked often is if a person can travel to the U.S. on a…
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If You Are A Restaurant Owner, Petitioning for A Specialty Chef Is An Option
The restaurant industry is in dire need of good chefs based on what I hear from restaurant owners. I’ve had the privilege of working with several restaurants who are petitioning for specialty chefs to get their green cards. Every year, the U.S. government gives out a certain number of employment-based visas. For all countries except for China, India, and the Philippines, the category that would correctly be used for specialty chefs is the EB-3 skilled worker category, and there is no waiting period other than processing times. What I mean by waiting period is that for certain countries where a lot of people have applied for that particular category of visas because there aren’t enough visas to give out, there…
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Obtaining a Green Card Under the Violence Against Women Act (VAWA)
The federal Violence Against Women Act (VAWA) provides victims of battery or extreme cruelty a way to get a green card. One purpose of VAWA is to remedy immigrant abuse and improve criminal justice in the areas it covers. A major difference between green cards obtained through family and green cards obtained through VAWA, is that VAWA green card applicants self-petition without the knowledge of their abusers. This provides protection from spousal abuse. For example, person A is a U.S. citizen, and person B is an immigrant. Person A and person B marry. A abuses B from the beginning of their marriage. B would like to apply for a green…
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Overview of the L-1A Visa – Intracompany Tranfers
The L-1A Intracompany Transferee nonimmigrant visa classification allows a U.S. employer to transfer an employee in a managerial or executive position from a foreign office to the United States. This can also include a foreign company that doesn’t have a U.S. based company yet but wants to set up an office in the U.S. The foreign company can send an executive to the U.S. under the L-1A visa with the purpose of establishing a U.S. based company. L-1 visas are only for transfers within the same company but are good options for foreign companies to expand into the U.S. Often, after the seven-year limit, many L-1A employees apply for permanent…
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EB-2 Overview and Basics
An EB-2 visa is an employment-based permanent residency visa for employment within the United States. It is the second type of five preference visas where people can gain lawful permanent status (aka green card) based on their jobs or profession. It is an ideal option for those seeking permanent residency in the United States and has advanced degrees and work experience in his or her field of expertise. To qualify for an EB-2 visa, one must be a member of qualified professions holding an advanced degree or the equivalent. Individuals who have an exceptional ability in science, art, or business that benefits the American economy, cultural or economic interests may…
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Understanding the Spouse Visa and Fiancé(e) Visa
Comparing Spouse and Fiancé(e) Visas Let’s say you are a U.S. citizen engaged to marry someone from Chile and hope to marry them in the U.S. Perhaps you are a lawful permanent resident that has been married to a Canadian for one year. You want to live together in the U.S. but are uncertain about the process. This post will give you a general overview of each process and the respective filing fee costs. Another thing to keep in mind is that processing times are always subject to change without notice. If you prefer to have a set date for your wedding, the spouse option would be a better idea…
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Who Can Petition for Who In Family-Based Immigration Cases
“I am a green card holder. Can I petition for my sister/brother/parent to get his or her green card?” “I want to petition for my niece/nephew. Can I do that?” These are some of the types of questions I often get. This blog post will answer those questions. Whether you are a U.S. citizen or a Green Card holder, you go through the same process to help your relative have legal residence in the United States. You start by filing Form I-130, Petition for Alien Relative. Although the petition is described in more detail elsewhere, know that you will need evidence such as (1) proof that you’re a permanent resident…
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The I-751 Petition to Remove Conditions Explained
When a person obtains lawful permanent residency status (aka LPR status or gets a green card) through marriage, he/she may be considered a “conditional” lawful permanent resident. This means that the green card is good for 2 years versus the traditional 10 years. Why is this you may ask? This is a way for the U.S. government to weed out marriage fraud. They want to make sure a person did not get married for the sole purpose of getting a green card. There have been numerous news stories about marriage fraud rings where a foreign-born person will pay tens of thousands of dollars to a U.S. citizen to marry him/her…
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The I-864 Affidavit of Support: What Is It and Why Is It Necessary?
Understanding Form I-864 Form I-864 is an agreement by your sponsor to financially support you, the intended immigrant, and is often part of your application to become a lawful permanent resident (LPR). It shows the U.S. government that you have adequate finances and are unlikely to rely on the government for financial support. Before having your sponsor fill the form out, check the topics below to find out whether you need it or not. Who Needs Form I-864 The I-864 is mainly used by family-based immigrants, but sometimes employment-based immigrants need it as well. The following immigrants need to have the form filled out and signed by their sponsor: Immediate…
