Author Archive Phillip Kim

ByPhillip Kim

Questions You May Have Regarding Your Visa Application

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1. What happens after my case goes to NVC?

NVC will request additional documentation from the applicant and petitioner if a visa number will be available for your petition. If a visa number is not available, NVC will hold your petition until a visa becomes available.

2. I have a family emergency and need an immigrant visa immediately. Is there a way to speed up the process?

If a visa number is available and your situation pertains to serious medical emergency, your case might qualify to be expedited. You must have proper documentation from the physician describing the life or death medical situation in order to be considered.

3. I went in for an interview for an immigrant visa at the U.S. Embassy but was refused. Is there a way to reverse this?

NVC cannot reverse a petition decision. You should contact the U.S. consular office where your case was processed.

4. I recently moved. What do I need to do?

You should update your information with NVC immediately to prevent any delays in your visa petition.

ByPhillip Kim

McCain Urges Immigration Reform Backers to Take Action

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Senator John McCain and other backers of the immigration reform are aware that the bill is losing momentum as Republicans continue to oppose the legislation. As congress goes into their summer recess in August, McCain emphasizes the need for organizations to wage campaigns in congressional districts to assert the need for immigration reform and pressure Republicans to pass the bill.

Although the immigration reform bill passed the Senate with a 68-32, supporters are now only hoping for the House to pass a limited bill so that it would require a House-Senate conference. This way, the House and Senate can negotiate on the bill and combine measures to create legislation that they both agree on.

ByPhillip Kim

When Will Immigration Reform Pass?

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The new immigration reform will grant a pathway to citizenship for the 11 million undocumented immigrants in the U.S. as well as tighten border security and boost the economy, but when will congress reach an agreement on the issue?

The immigration reform bill was supposed to be decided by August before the congress’s annual month-long summer recess, but the debate has been prolonged because Republicans and Democrats have not been able to reach an agreement on the provisions of the bill. Now, the nation has to wait until after the August recess to hear an answer, and many fear that the issue will die down and congress will set the issue aside.

What it comes down to is whether Republicans will come to an agreement or the bill will die a slow death with the voices of millions being drowned out by the indecisiveness of congress.

ByPhillip Kim

How to Get a Green Card as a Relative of a U.S. Citizen

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There are multiple ways to get a green card as a relative of a U.S. citizen. As the spouse, unmarried child, or parent of an adult citizen (over 21 years old) you qualify as an immediate relative. Green cards for immediate relatives are unlimited, so there is no waiting for a visa as an immediate family member. Receiving a green card will allow you to live and work in the U.S. as a permanent resident.

If you are already in the United States, to receive a green card, you will file need to file for permanent residence. Second, you will petition for your status as an immediate relative of a citizen. For immediate relatives of U.S., these two steps can be done at the same time or you can submit your petition and then file for residence.

If you are not yet living in the U.S., you must submit your petition for residence as a family member of a citizen first. After your petition is submitted, there is a waiting period for a visa to allow you to travel to the U.S. This process is the same for immediate and non-immediate family members of citizens.

Remember to keep in mind that your status as a child will most likely be counted from the date of your petition, and that to keep the status of child you must be 21 years old or younger. Also, children under 21 must be unmarried through the green card process in order to count as immediate relatives. If you are the married child of a U.S. citizen you do not count as an immediate relative, but can still petition for residence as a family member of a U.S. citizen.

ByPhillip Kim

Same Sex Couples May Receive Immigration Benefits

Same Sex Couples may apply for immigration benefits equally as heterosexual couples.

Read our former clients’ success stories by clicking on the “Testimonials” link above.

This is the right time to file immigration visa petitions for your same sex spouses.
USCIS will adjudicate visa petitions filed by same sex spouses the way they adjudicate heterosexual spouses’ visa petitions.

Please call (559) 448-8500 to have a consultation with an experienced immigration attorney.
Immigration Attorney Phillip Kim is experienced with a variety of immigration issues including same sex marriages.

It is expected that a lot of visa petitions will be filed by same sex couples including gay couples and lesbian couples for the next few months.

Secretary of Homeland Security Janet Napolitano addresses that the Supreme Court will ensure implementation of the ruling on the Defense of Marriage Act (DOMA), which grants same-sex couples equality of legal benefits.

President Obama has taken measures to eliminate discrimination so that same-sex couples receive the same consideration as opposite-sex couples when filing for a visa petition.

This change is effective immediately for the U.S. Citizenship and Immigration Services to follow. Couples are eligible to apply even if they currently live in a state that does not allow same-sex marriages, in which case, USCIS will consider the law of the state of residence in addition to the law of the state of celebration of the marriage.

Call Today (559) 448-8500 to consult with an experienced Immigration Attorney !!!
Our attorneys have a 99% approval rate on all of our immigration cases.

ByPhillip Kim

Same Sex Couples May Receive Immigration Benefits

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Secretary of Homeland Security Janet Napolitano addresses that the Supreme Court will ensure implementation of the ruling on the Defense of Marriage Act (DOMA), which grants same-sex couples equality of legal benefits. President Obama has taken measures to eliminate discrimination so that same-sex couples receive the same consideration as opposite-sex couples when filing for a visa petition. This change is effective immediately for the U.S. Citizenship and Immigration Services to follow. Couples are eligible to apply even if they currently live in a state that does not allow same-sex marriages, in which case, USCIS will consider the law of the state of residence in addition to the law of the state of celebration of the marriage.

ByPhillip Kim

Naturalization Test: What Happens After

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So you’ve applied for naturalization, gone to the interview, and passed all exams and requirements. What happens after? After the USCIS approves your naturalization, you will be required to attend a naturalization ceremony and take the Oath of Allegiance at your scheduled time and location.

At the ceremony, you will be required to return your permanent resident card at check-in. You will then be directed to take the Oath of Allegiance and be given your Certificate of Naturalization. Make sure all the information on the certificate is accurate before leaving the ceremony.

Now that you are a U.S. citizen, you are advised to apply for a United States passport immediately. This is because a passport is an official proof of your citizenship in the United States. You should also update your Social Security information 10 days after your naturalization ceremony.

ByPhillip Kim

Immigration Reform Gets Delayed

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It appears that the passage of President Obama’s new immigration reform bill will be delayed once again. The president wanted the decision to be made in August, but House Republicans have not yet reached an agreement regarding their piecemeal approach. President Obama agrees that America needs to make a decision on the immigration issue once and for all—we cannot afford putting it off again.

The immigration reform bill was designed to strengthen border security, provide a pathway for citizenship, expand programs for skilled workers, and set up guest worker permits. Republicans, however, are hesitant on the part of the bill that includes citizenship for the 11 million undocumented citizens. Instead, they want to focus on the Dream Act for legalization of those who were brought into the United States illegally as children. The chances of reaching an agreement by the August deadline are slim, but Republicans will have to come to an agreement sooner or later.

ByPhillip Kim

Tips for Passing the Naturalization Test

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Part of the process of becoming a U.S. citizen is passing the naturalization test which will be administered at your naturalization interview. You will be tested on the components English and Civics, although you may be eligible for an exemption or waiver. Be prepared to answer questions about your background and know your application front to back.

At your interview, you will be asked 10 questions out of the prepared list of 100 questions in English, and you must be able to answer six out of the 10 correctly to pass the civics portion of the test. You may be qualified to take the civics test in the language of your choice if you meet specific requirements.

The English part of the test incorporates reading, writing, and speaking. You must be able to write one out of the three sentences correctly, and the USCIS will determine your English proficiency based on your applications.

Repetition, interaction, and practice are keys to performing well on Civics and English. You will be given two chances to take the naturalization test and must be retested within 60 – 90 days of your first examination. To ensure success, it is important to familiarize yourself with the test and prepare with a qualified immigration attorney.

ByPhillip Kim

Obama to Appear on Spanish TV for Immigration Reform

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There are four television interviews scheduled for Spanish television networks this week by President Obama to discuss the matters of immigration reform. He will be using the Spanish network as a platform to stress the importance of passing the immigration reform bill by discussing its benefits to our nation’s economy.

The Congressional Budget Office and President Obama agree that the immigration reform bill will help reduce the nation’s deficits and improve the economy. By appearing on Spanish television, he hopes to gain support of the Hispanic population and push Republicans to come on board as well. Republican John McCain defends Obama and says he believes the president would be willing to work with Republicans to reach a compromise.