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The Meaning of Unlawful Presence
What Unlawful Presence Means Unlawful presence is staying in the U.S. after your authorizing document (for example, your visa) has expired, or presence without being formally admitted or paroled. Admitted means you lawfully entered the U.S. after inspection and authorization by an immigration officer such as a customs and border patrol officer. Entering without inspection (aka EWI) means a person entered the U.S. without documents. Paroled means you were lawfully allowed to enter the U.S. without admission documents. This option is mainly for humanitarian reasons. How You Accrue Unlawful Presence As briefly mentioned above, unlawful presence comes (a) when you stay in the U.S. after your document expires, (b) when…
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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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U.S. Immigration and the 3 Ps – Processing Times, Policy Changes, and the President
U.S. Immigration has been a hot-button issue, and since this new administration, we’ve seen a huge shift in policies within our immigration system. Everything that has happened has made practicing immigration law interesting, to say the least. We’ve seen the controversial separation of families at the border, the travel ban being upheld, and more discretion than ever in allowing immigration officials/officers to deny applications. Processing times Cases are taking much longer to process than a couple of years ago. For example, a couple of years ago, adjustment of status applications based on marriage to a U.S. citizen used to take only 3 – 4 months from the time USCIS received…
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The PERM Process – Getting U.S. LPR Status Through an Employer
I have heard so many business owners say that just cannot find U.S. workers to fill the jobs at their companies even after trying different recruiting methods. As you can imagine, it creates a lot of stress. One avenue that may be available is the PERM process. What is it? The Program Electronic Review Management process, better known as the PERM process, is a process where a foreign worker can gain lawful permanent residence in the U.S. through his/her employer. One of the steps involves the employer obtaining a PERM labor certification from the Department of Labor (DOL). This process has many steps including getting a prevailing wage determination from…
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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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I-601A Waiver – What You Need to Know
Who May Use Form I-601A Form I-601A is useful in only a few situations. The form is designed for those who have an immediate relative or spouse who is a U.S. citizen or lawful permanent resident (LPR), and the U.S. citizen or LPR spouse wants to petition for his/her foreign-born spouse. This relative must have entered the U.S. undocumented for this form to apply. For example, if your spouse entered the U.S. without documentation and you two got married and you are a U.S. citizen or lawful permanent resident (aka green card holder) who wants to petition for your spouse so he/she can get LPR status, this waiver would be…
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Overview of the H-1B Visa and Why They May Be Getting Harder to Get
What Is It? The H-1B nonimmigrant visa allows United States employers to hire qualified nonimmigrant aliens to work temporarily in a specialty occupation. The past several years, For the FY 2019, USCIS received 190,098 petitions. How to Qualify To qualify for an H-1B visa, a foreign worker has to meet the criteria laid out below: Specialty Occupation: The position must qualify as a “specialty occupation,” which is one that demonstrates knowledge in a specific specialty attained through a U.S. bachelor’s degree (or equivalent to a U.S. bachelor’s degree) or higher. Examples of specialty occupations include, but are not limited to, scientists and engineers. Degree: The minimum degree requirement is a…
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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…