Yearly Archive February 23, 2012

ByStaff

The I-212 Waiver: A Breakdown of the Waiver Application Process if You Have Been Previously Removed, Deported, or Living Undocumented

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry, and unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

The I-212 should be filed at the same time or after any other forms necessary for your readmission. If you are applying for an immigrant visa, you should submit your waiver alongside your application for residence. If you are required to submit any other waivers for re-entry, you should file the I-212 at the same time and at the same office. Where you should file your forms will depend on the reason for your ineligibility and the type of visa you will be applying for. Make sure to check that you are applying with the correct office or department. Possible application destinations could be a local office of the U.S. Consulate, an office of the U.S. Citizenship and Immigration Services (USCIS), the U.S. Border and Customs Patrol office, or an office of the U.S. Department of State. Whether or not you can file your waiver while also present in the U.S. will depend on the grounds of your ineligibility. If you have previously lived illegally in the U.S. and this is the reason for your waiver application, you must depart the U.S. before filing your waiver.
Once you know whether or not you need to file the I-212 and where you should be applying, you are ready to file your form. The I-212 will require in-depth writing in English explaining your previous migration history and other personal information. The I-212 waiver has a filing fee currently at $585 U.S. dollars. Take care to send your filing fee to the correct office, in the correct amount to avoid delays in processing your application. Applicants filing with the USCIS office should pay to the U.S. Department of Homeland Security. Some applicants may be eligible for a fee waiver, so see if you qualify to avoid the filing fee.

You will be required to submit documents along with your waiver. If your application is pending and being reviewed, the person in charge of reviewing your waiver may look at additional information, both positive and negative, associated with your re-entry to the U.S. You should submit as much documentation as possible with your waiver to strengthen your case for admission to the U.S. Any documents written in a language other than English should include a full English translation in order to be reviewed. You should also take care not to submit your original documents and submit only copies. Make sure to keep your original personal documents because you may need them later. When filing the I-212, you are required to submit copies of your immigration history and records of any previous removals, departures, or deportations. This is required of all waiver applicants.

You should also submit documentation that strengthens and proves any claims about your positive moral character, good community standing, need for U.S. medical treatment or social services, or any close ties to the U.S. You must also submit documentation about negative qualities that may play a factor in your admission to the U.S. Having no major negative factors on your application will be reviewed positively. You can also aim to demonstrate that denying your admission to the U.S. would cause extreme hardship to you or your family. The grounds for claiming extreme hardship can be broad but there are guidelines you should look into. Records that can demonstrate these factors can include police or criminal records, medical records, school records, employment history, official state documents such as birth or marriage certificates and so on. You can also submit documentation that would show poor conditions to which you or your family would be returned if your application was denied.

Overall, you should pay close attention to the correct filing method for the waiver. Only correctly filed and completed forms will be reviewed and only properly submitted documentation will be included in your case. Failing to properly file your I-212 waiver or any other forms will result in a significant delay in your application’s processing time.

For more information and help with filing for a visa, contact immigration attorney Phillip Kim.

ByStaff

Interested in J-1 agency? Learn More Here

J-1 visas are designed to increase social interactions between people of different countries. These visas enhance cultural values and education throughout the world. Specifically, J-1 visas allow foreigners to come to the U.S. with non-immigrant status as foreign exchange students, interns, trainees, or workers.

Every month, more than 150,000 people participate in the J-1 program. These Student Visas are amongst the most popular non-immigrant visas.

There are a variety of programs available to those seeking J-1 non-immigrant status. Agriculture, hospitality, business, communication, and engineering are just some of the programs that are available to people world-wide.

Some programs come with a salary and others don’t. It depends on the company or organization and what their specialty is. Time periods also vary from one organization to the next. While some companies sponsor students for up to 18 months, others keep workers or students for just the summer of a 6 month program.

J-1 exchange visitors need sponsorship from such organizations. There are a few different ways to secure sponsorship:

• Contact the company directly and they will assist you with what you need to do in order to get a position in their firm

• Contact a third part recruiting agency in your home country who will take your resume or qualifications and match you with a job or education opening in the U.S.

• Find a company that will hire you on your own and contact a sponsorship organization that will offer you a sponsorship if your suggested employer or university clears their required standards.

Companies often offer some advice about how to get a visa but this is not always the case. Furthermore, they do not go through the process step-by-step with you, leaving room for error in your application.

Specialized Immigration Attorneys will assist you in finding the right company and sponsor. They will also file your visa paperwork for you, so you can be sure that your request won’t be denied if you are eligible. Plus, Immigration Lawyers will work with you if you want or need to reapply for a visa or extend your status.

Immigration Attorney Phillip Kim has handles a variety of immigration cases. If you have any questions about J-1 Agency or how to apply for a J-1 visa, contact Attorney Phillip Kim right away!

ByStaff

The I-212 Waiver: A Breakdown of the Waiver Application Process if You Have Been Previously Removed, Deported, or Living Undocumented

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry, and unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

The I-212 should be filed at the same time or after any other forms necessary for your readmission. If you are applying for an immigrant visa, you should submit your waiver alongside your application for residence. If you are required to submit any other waivers for re-entry, you should file the I-212 at the same time and at the same office. Where you should file your forms will depend on the reason for your ineligibility and the type of visa you will be applying for. Make sure to check that you are applying with the correct office or department.

Possible application destinations could be a local office of the U.S. Consulate, an office of the U.S. Citizenship and Immigration Services (USCIS), the U.S. Border and Customs Patrol office, or an office of the U.S. Department of State. Whether or not you can file your waiver while also present in the U.S. will depend on the grounds of your ineligibility. If you have previously lived illegally in the U.S. and this is the reason for your waiver application, you must depart the U.S. before filing your waiver.
Once you know whether or not you need to file the I-212 and where you should be applying, you are ready to file your form.

The I-212 will require in-depth writing in English explaining your previous migration history and other personal information. The I-212 waiver has a filing fee currently at $585 U.S. dollars. Take care to send your filing fee to the correct office, in the correct amount to avoid delays in processing your application. Applicants filing with the USCIS office should pay to the U.S. Department of Homeland Security. Some applicants may be eligible for a fee waiver, so see if you qualify to avoid the filing fee.

You will be required to submit documents along with your waiver. If your application is pending and being reviewed, the person in charge of reviewing your waiver may look at additional information, both positive and negative, associated with your re-entry to the U.S. You should submit as much documentation as possible with your waiver to strengthen your case for admission to the U.S. Any documents written in a language other than English should include a full English translation in order to be reviewed. You should also take care not to submit your original documents and submit only copies. Make sure to keep your original personal documents because you may need them later. When filing the I-212, you are required to submit copies of your immigration history and records of any previous removals, departures, or deportations. This is required of all waiver applicants.

You should also submit documentation that strengthens and proves any claims about your positive moral character, good community standing, need for U.S. medical treatment or social services, or any close ties to the U.S. You must also submit documentation about negative qualities that may play a factor in your admission to the U.S. Having no major negative factors on your application will be reviewed positively. You can also aim to demonstrate that denying your admission to the U.S. would cause extreme hardship to you or your family. The grounds for claiming extreme hardship can be broad but there are guidelines you should look into.

Records that can demonstrate these factors can include police or criminal records, medical records, school records, employment history, official state documents such as birth or marriage certificates and so on. You can also submit documentation that would show poor conditions to which you or your family would be returned if your application was denied.

Overall, you should pay close attention to the correct filing method for the waiver. Only correctly filed and completed forms will be reviewed and only properly submitted documentation will be included in your case. Failing to properly file your I-212 waiver or any other forms will result in a significant delay in your application’s processing time.
For more information and help with filing for a visa, call immigration attorney Phillip Kim

ByStaff

The Fiancée Visa Application Process and How to Get Your Green Card as a Former Fiancé(e) Non-immigrant

If you are the fiancé of a U.S. citizen, you can apply for a visa in order to travel to the U.S. and perform your marriage ceremony. After your 90-day fiancée visa expires and you are married to a U.S. citizen, you can apply for a change of status to become a permanent resident with a green card.

The application process has a few steps you can follow below:

1. The U.S. citizen partner should file a petition for fiancée non-immigrant. This form has a filing fee of $340 and will require you to submit documentation of your relationship with your partner, documentation of the petitioner’s citizenship status, family-based immigration forms, biographic information, and any past immigration history. Applicants who have petitioned for 2 or more K-1 visas in the past must file for a waiver in order to be eligible to apply for any additional fiancé visas. You should file this form with the U.S. Citizenship and Immigration Services lockbox in Dallas. Take care to address your application, completely fully and correctly, to the correct location. The fiancé visa application cannot be processed at local USCIS offices abroad or in the U.S. Failure to submit your petition to the correct destination may result in a long delay in your review process.

2. After your fiancé visa is approved, travel to the U.S. and perform your marriage ceremony as soon as possible to avoid violating any immigration laws. Your fiancé visa is only active for a duration of 90 days. After this period the visa will expire and you will be required to depart the U.S. if you are still unmarried. If you remain present in the U.S. on an expired visa you may prompt removal or deportation proceedings which can negatively affect your chances to immigrate in the future.

3. After travelling to the U.S., the immigrant party is eligible to apply for employment authorization. The citizen partner does not need to petition for employment authorization on behalf of the immigrant. If you have K-1 non-immigrant status and want to work, you can file this form with USCIS. There is a filing fee of $380.

4. After you and your spouse are married, the immigrant spouse can file for a change of status to conditional permanent resident. In order to be granted resident status there must be a visa readily available to you. At first, your green card will be on a conditional basis, which means it does have an expiration date. You should file separately for your immigrant children. Each application for change of status has a filing fee of $985. After your petition for residence in approved, you can live legally in the U.S.

5. You can file a waiver to have the conditions taken off of your green card and have your permanent resident status instated. If you do not choose to waive the conditions to your residence, it may expire or be limited. While living on a conditional green card, you should look into immigration law to ensure you do not violate the conditions of your residence. Any conditional resident children can be included on the main applicant’s waiver for unconditional residence.

For more information and help with getting a visa or green card, contact immigration attorney Phillip Kim.

ByStaff

Beware of Imitation Immigration Help Sites

 

The Internet provides people worldwide with much needed information and services. When it comes to immigration law, there is no shortage of websites that seem to offer harmless help.

In actuality, some sites are owned by unqualified, private businesses that seek to make a profit from unexpected users. Unlike our web services, some websites provide forms and claim that the cost of filing forms is much more expensive than it already is.

Immigration websites that provide forms and paperwork, but do not end in .gov may not be trustworthy sources. Some sites ask you to pay a fee, but it may not be the fee required by USCIS. So while you are paying for immigration services, the payment is not going to USCIS. Instead it is going to a personal business that is not legally qualified to provide you with information. Additionally, sites might offer incorrect or dated information about immigration processes. This will delay your case and may even result in a denial of your request for a visa or other document.

Particularly, we want our readers to take caution when websites claim to be “official” government sites. Often, these sites attempt to secure payments as “legal fees”. These sites may even gain your trust by charging an amount that USCIS would normally charge for the filing of a certain form. Whenever you are unsure about a website and the services it offers, contact an immigration attorney to ensure that you are on the right track.

When you use fraudulent websites to file claims and seek information about the legal process, you are jeopardizing your chance at being granted U.S. citizenship. Immigration has a lot to do with good timing – you have to apply for certain documents at the right time and if you miss a deadline, you may have missed your chance at becoming a legal resident of the United States (for example, once you have passed the age of 21, applying for a green card through a family member becomes a far lengthier process and sometimes impossible). When time is of the essence, it is very important to make sure that every step of the application process is reviewed by an attorney who has been authorized by the state bar.

While online sites may seem helpful and accommodating, when you are facing an issue as serious as deportation or family immigration, you do not want to make the mistake of trusting sites that are run by unqualified personnel. This blog is designed to give you accurate, up-to-date immigration information.

Rather than risk the use of imitation immigration sites, contact Attorney Phillip Kim for up-to-date and reliable information about immigration laws and reforms!

ByStaff

H-1B Visa: Annual Cap and Forms

While you may qualify for an H-1B visa, it is not guaranteed that you will be granted a visa. Other factors must be taken into consideration like the H-1B cap. Every fiscal year, 65,000 H-IB visas are granted to workers. If you have an advanced degree, higher than a Bachelor’s, then you may be exempt from the cap. Also, extra visas are set aside every year for workers from Chile and Singapore. Otherwise, your application may be rejected due to the limit per year. Contact an immigration attorney for more information about the fiscal year cap and whether or not you qualify for an H-1B visa.

 
When filing your petition, you need to ensure that all parts of your application are completed and submitted properly. Form I-129 must be completed and sent along with a check or money order for the filing fee. Along with the petition, make sure you send in all evidence and necessary documents. If not, confusion will result in a late response from USCIS or your petition might even be rejected. If you fail to complete the form entirely, you will be denied a visa. Other documents must also be submitted like the Labor Condition Application and evidence of your educational background like a final transcript or letter from the Registrar. If you’re applying on the basis of sufficient experience, you will need evidence of this as well.

 
Several forms must be filed in addition to the I-129. An H Classification Supplement to the form must be submitted and an H-1B Data Collection and Filing Fee Exemption Supplement. You must also organize the paperwork including a Table of Contents.

 
In terms of filing fees, it is the employer’s responsibility to pay for the forms that will be filed with USCIS. In some cases, arrangements are made between the worker and employer to determine who will pay for the I-120 petition and additional fees that are associated with it. Speak with your employer for more information and to reach an agreement on who will pay the final fees.

 
Applying for an H-1B visa can be complicated process. To avoid making any mistakes on your application, contact a specialized immigration lawyer who will make your case his top priority.
If you have any questions or would like to learn more about the H-1B visa, contact Specialized Immigration Attorney Phillip Kim.

ByStaff

Employment in the U.S.: Do You Qualify for an H-1B Visa?

H-1B visas apply to people who want to come to the U.S. to perform special services or work on the basis of exceptional merit. You can live in the U.S. for 3 years and this time can be extended up to 6 years.
If you would like to be considered for an H-1B visa for specialty occupations, one of the following must be true about your job.

 

  • The job requires someone who has a Bachelor’s degree or higher. In some countries, the Bachelor’s degree is known by another name – that is fine as long as it is equivalent to a Bachelor’s degree.

 

  • Secondly, it must be true that the employer normally needs someone with a degree to work. It also has to be normal for the industry to require a degree from workers. For example, it is a common rule that doctors, teachers, or engineers to have some form of degree in order to work. Restaurant or gas station jobs do not require special degrees from its workers.

 

  • The job can also be so complicated that it cannot be done by a worker who does not have a degree or Bachelor’s degree.

If your job meets just one of the conditions listed above, the first check has been completed. You are now ready to determine if you meet the criteria to apply for an H-1B visa. In order to be eligible, you must meet one of the following conditions.

 

  • You must hold a U.S. Bachelor’s degree or its foreign equivalent that is required by your employer at an accredited university or college.

 

  • Or, you must have a license that indicates that you are authorized to work in the state where you are employed. If you are planning on working in California, your license should state that you are permitted to practice your employment in this state.

If you don’t fall into the categories listed, you still have a chance at being accepted for an H-1B:

  • Have you worked or trained in a job enough that you now have the education and expertise of someone who has a degree? Then you might qualify. It is necessary that your knowledge of the field is recognized through advanced employment positions that indicate your level of training in the field.

If your job satisfies one of the criteria above and you educational or employment history indicates that you meet one of the criteria as well, then you may have a chance at receiving an H-1B visa. Other factors must be taken into consideration like the H-1B cap. Every fiscal year, 65,000 H-IB visas are granted to workers. If you have an advanced degree, higher than a Bachelor’s, then you may be exempt from the cap. Also, extra visas are set aside every year for workers from Chile and Singapore. Otherwise, your application may be rejected due to the limit per year. Contact an immigration attorney for more information about the fiscal year cap and whether or not you qualify for an H-1B visa.

 
Because determining your eligibility is a complicated task, it is recommended that you seek the assistance of an attorney. If you have any questions about the H-1B visa, please contact Immigration Attorney Phillip Kim.

ByStaff

Getting a Green Card: Do You Qualify For the LIFE Act?

The Legal Immigration Family Equity (LIFE) Act allows some people to change their status to permanent resident even if they would not be otherwise eligible. Protection under the LIFE Act is called Section 245 adjustment of status and it might be able to help you get a green card.

 
To get a green card under the LIFE act, someone needs to have petitioned for you as an alien worker or relative or have a labor certification filed before April 30, 2001. If you have one of these petitions in your name, you may qualify for a green card through the LIFE act. Section 245 needs you to have a visa readily available to you, so file your form when one becomes available. For more information on being granted a visa before changing your status to resident, see our other posts or see U.S. Citizenship and Immigration Services . If you have a visa available and the proper certification (listed above) the LIFE Act can provide permanent residence regardless of unlawful presence in the U.S., working illegally in the U.S., or leaving the U.S. during your stay, which disrupts your continuous stay. This means you can file for Section 245 residence under the LIFE Act if you are currently present in the U.S. unlawfully or have been working without a permanent work visa.

 
In order to receive a green card under section 245, you must be admissible to the U.S. This means you should be careful not to trigger inadmissibility. For example, you should not depart the country after unlawful stay in the U.S. because you will be barred from re-entry. Look into INA law for instructions on avoiding inadmissibility.

 
Children and spouses of section 245 green card holders may also be offered protection from removal if they have been living in the U.S. and can be granted employment lawfully under your LIFE Act residence card.

 
You should check the dates that section 245 requires you or your family to have been in the U.S. because they are often changing. Always be careful to file the most current forms with the most current information to avoid delays in your application process.

 
For more information and help with getting a green card, contact immigration attorney Phillip Kim

ByStaff

The Fiancé(e) visa

The fiancé(e) visa was designed to allow couples a window of time to unite in the U.S. for the purpose of getting married. The K-1 non-immigrant visa, or fiancé(e) visa, is for soon-to-be spouses of U.S. citizens who want to travel to the U.S. to join their partner. Because this visa is only intended to give you enough time to travel legally to the U.S. to marry, the fiancé(e) visa is for short-term, non-immigrant purposes. Fiancé(e)s do not qualify as relatives who are eligible for green cards as the family member of a citizen or resident. In order to change your status to permanent U.S. resident, you and your partner must get married.
If you are the fiancé(e) of a current U.S. citizen, the fiancé(e) visa can give you up to 90 days to perform your marriage ceremony in the U.S. After this 90 day period, fiancé(e) visas expire.

Failure to marry or depart the U.S. within this 90 day period may put you in violation of immigration law and could initiate removal proceedings, which could negatively affect your residence applications in the future. To avoid any penalties, you should plan to marry your spouse within 90 days of your petition being approved.
In order for you or your fiancé(e) to qualify for the K-1 visa, the petitioning party must be a U.S. citizen. You and your fiancé(e) must also both be unmarried at the time of petition and must have met at least once in person within the last 2 years.

You can be granted a waiver on the meeting requirement if meeting would have caused either party extreme hardship or if your meeting would violate personal social, religious, or cultural customs. You must submit documentation of your relationship with your visa application and should also submit some sort of documentation if you think you are eligible to be excused from this requirement. If you met your spouse through an international marriage broker, you must include that information in your application and provide documentation of that fact.

 

Traditional religious or cultural matchmaking is not included in the term “marriage broker” and you do not need to disclose that information otherwise.

 
Children of fiancées who will be marrying a U.S. citizen may also be granted visa under K-2 non-immigrant status. You should include the names of any children you wish to travel with on your immigration forms. After your marriage, your children will be able to apply for permanent status in relation to you or your citizen spouse.
Your fiancé(e) visa can also allow you to be eligible to work. If you plan to work when you enter the U.S., file for employment authorization once you are present in the country.

 
If you and your fiancé(e) are eligible to be granted the K-1 non-immigrant visa, you can file with the U.S. Citizenship and Immigration Services. After your petition is approved, you may legally travel to the U.S. for your marriage ceremony. When making wedding plans, keep in mind that the application will take some time to process and that further information may be necessary. You can find up-to-date information about the length of the review process with the USCIS.

 
For more information on immigration and help with getting a visa, contact immigration attorney Phillip Kim in Fresno, CA.

ByStaff

EB-3 Permanent Worker Visa

The EB-3 permanent worker visa is for permanent workers falling into 3 categories: skilled workers, unskilled workers, and professionals. All visas for permanent workers (EB visas) can be used to file for permanent residence status, also known as getting your green card.

A “skilled worker” is any worker with at least 2 years of job training or experience in the field. A “professional” is anyone with a U.S. baccalaureate degree or equivalent. You should be planning to work in a field that normally requires you level of education and that the work you will be doing does not have other qualified workers already in the U.S. For professionals, you cannot exchange experience for education. An “Unskilled worker” should be able to work for at least 2 years in an unskilled position. An unskilled position is one that needs less than 2 years of training or experience. The position cannot be seasonal.

If you are an EB-3 visa holder, your spouse can also be admitted into the U.S. Your children may also be admitted with you if granted EB-3 status.

Visas to permanent workers are limited in number each year. Likewise, visas for all 3 categories’ of EB-3 are widely sought after and there may be a wait, especially for the unskilled worker category. Each step of the application process may take processing time, governmental review, or other approval which could lengthen the time it takes to get your visa.
If you are eligible for the EB-3 status visa, there is a multi-step application process:

  1. Have your prospective employer file for Labor Certification on your behalf with the U.S. Department of Labor. All EB-3 status applicants must be granted Labor Certification. For more information about Labor Certification, see the LCA info page under “more…”
  2. Have your prospective U.S. employer file a petition for alien employee with the U.S. Citizenship and Immigration Services Office closest to where you will be working. This petition has a filing fee of $580 USD
  3. Apply for your permanent work visa. Be sure to include any necessary documents showing any claims about education, work experience, or personal information given in your application. If you are undergoing removal proceedings in the U.S. right now, you may have specific application instructions that will be given to you be the immigration court processing your removal.
  4. Once lawfully present in the U.S., apply for a change of status to get your permanent residence card.

For more information and help with getting a visa, contact immigration attorney Phillip Kim.