Author Archive Phillip Kim

ByPhillip Kim

DACA Deferred Action for Childhood Arrivals Process

DACA Deferred Action for Childhood Arrivals Process
You may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Age Requirements

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

Your situation Required age
I have never been in removal proceedings, or my proceedings have been terminated before making my request. At least 15 years old at the time of submitting your request and not over 31 years of age as of June 15, 2012.
I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.

Not above the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.
Timeframe for Meeting the Guidelines

You must prove
That on June 15, 2012 you As of the date you file your request you
Were under 31 years old
Had come to the United States before your 16th birthday
Were physically present in the United States
Entered without inspection by this date, or your lawful immigration status expired as of this date
Have resided continuously in the U.S. since June 15, 2007;
Were physically present in the United States; and
Are in school, have graduated from high school in the United States, or have a GED; or
Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
Education and Military Service Guidelines

Your school or military status at the time of requesting deferred action under this process Meet education or military service guidelines for deferred action under this process (Y/N)
I graduated from:

Public or private high school; or
Secondary school.
Or
I have obtained a GED.
Yes
I am currently enrolled in school.

See www.uscis.gov for more information.
If you need help on filing, contact (619) 752-5379, PKimmigration.com

ByPhillip Kim

Temporary Protected Status Extended for Salvadorans

Temporary Protected Status Extended for Salvadorans

WASHINGTON—Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, beginning Sept. 10, 2013, and ending March 9, 2015.

Current Salvadoran beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs from May 30, 2013, through July 29, 2013. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to register as soon as possible once the 60-day re-registration period begins. Applications will not be accepted before May 30, 2013.

The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Salvadoran TPS beneficiaries who re-register during the registration period will receive a new EAD with an expiration date of March 9, 2015. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS El Salvador EADs bearing a Sept. 9, 2013, expiration date for an additional six months. These existing EADs are now valid through March 9, 2014.

To re-register, current TPS beneficiaries must submit Form I-821, Application for Temporary Protected Status. All TPS re-registrants must also submit Form I-765, Application for Employment Authorization, but no Form I-765 application fee is required if the re-registrant does not want an EAD. Re-registrants do not need to pay the Form I-821 application fee, but they must submit the biometric services fee, or a fee waiver request, if they are age 14 or older. TPS re-registrants requesting an EAD must submit the Form I-765 application fee, or a fee waiver request.

TPS applicants may request that USCIS waive any or all the fees by filing a Form I-912, Request for Fee Waiver, or by submitting a personal letter requesting these fees be waived. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the TPS application.

Applicants can download TPS forms for free from the USCIS website at www.uscis.gov/forms. Applicants can also request free TPS forms by calling USCIS toll-free at 1-800-870-3676.

Additional information on TPS for El Salvador, including guidance on the application process and eligibility, is available online at www.uscis.gov/tps. Further details on this extension of TPS for El Salvador, including the application requirements and procedures, appear in a Federal Register notice published on May 30, 2013.

ByPhillip Kim

H-1B Quota Exemption; H-1B Cap Exempt Employers

H1B cap exempt employers: H1B cap exempt petitions include petitions filed by:

Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);

Under the definition, an institution of higher education is one which:
admits students who have completed secondary education;
is licensed to provide education beyond secondary school;
provides educational programs for which the institutions award bachelors’ degrees or provide programs of not less than 2 years that are acceptable for full credit toward bachelors’ degrees;
is a public or nonprofit institution; and
is accredited or has been granted pre-accreditation status by a recognized accrediting agency.
Related or affiliated to a higher education institution nonprofit entity: The USCIS states that it is sufficient that a nonprofit entity is connected to an institution of higher education through shared ownership, control or be somehow attached to the higher education institution as a member, branch or subsidiary.
The types of non-profits that qualify for this exemption have been construed narrowly:At present other types of non-profits (non-profit service, community, policy and arts organizations) do not qualify for the exemption from H1B cap. Unless the non-profit employer is primarily devoted to research, or is formally affiliated with a university, it will not qualify as a cap-exempt H1B petitioner.

It is important to note that public secondary schools do NOT qualify for H1B cap-exemption unless they have a formal affiliation agreement with a college or university. However, the exemption does cover certain professionals employed by a for-profit entity but working at an exempt location, as long as their work continues to serve the core mission of the exempt institution, such as a physicians’ practice group affiliated with and located at a university teaching hospital.

Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C). A nonprofit research organization is an organization that is primarily engaged in basic research and/or applied research. A governmental research organization is a United States Government entity whose primary mission is the performance or promotion of basic research and/or applied research.

Basic research is general research to gain more comprehensive knowledge or understanding of the subject under study, without specific applications in mind. Basic research is also research that advances scientific knowledge, but does not have specific immediate commercial objectives although it may be in fields of present or potential commercial interest. It may include research and investigation in the sciences, social sciences, or humanities. Applied research is research to gain knowledge or understanding to determine the means by which a specific, recognized need may be met. Applied research includes investigations oriented to discovering new scientific knowledge that has specific commercial objectives with respect to products, processes, or services. It may include research and investigation in the sciences, social sciences, or humanities.

ByPhillip Kim

Work Permit for Dreamers and Deferred Action Dream Act

Work Permit for Dreamers and Deferred Action Dream Act

Ask DREAM ACT Attorney – Call (559) 448-8500

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.

According to USCIS an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit required documents and fees.
Even If you are currently in immigration detention or face imminent removal, you might be still eligible for Deferred Action.

For more information, please contact:
Phillip Kim, esq.
Phillip Kim Law Center
Tel. (559) 448-8500
Tel. (619) 752-5379

ByPhillip Kim

Work Permit for Dreamers and Deferred Action Dream Act Immigration Reform

Work Permit for Dreamers and Deferred Action Dream Act

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.
According to USCIS an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit required documents and fees.
Even If you are currently in immigration detention or face imminent removal, you might be still eligible for Deferred Action.
For more information, please contact:
Phillip Kim, esq.
Phillip Kim Law Center
Tel. (559) 448-8500
Tel. (619) 752-5379

[email protected]
www.PhillipKimLaw.com
www.PKimmigration.com

Keywords: Dream Act, Dreamers, Immigration Reform, Work Permit, Deportation, Removal, Detention, Immigration Attorney, Immigration Lawyer, Deferred Action

ByPhillip Kim

Work Permit & Deferred Action of Removal & Deportation by DHS under new Immigration Law President Obama

Work Permit & Deferred Action of Removal & Deportation by DHS under new Immigration Law President Obama

DHS Outlines Deferred Action for Childhood Arrivals Process

USCIS to begin accepting requests for consideration of deferred action on August 15, 2012

WASHINGTON—The Department of Homeland Security today provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date.

On June 15, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.

USCIS expects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.

Information shared during today’s call includes the following highlights:

Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
Requestors will use a form developed for this specific purpose.
Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
All requestors must provide biometrics and undergo background checks.
Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
The four USCIS Service Centers will review requests.

ByPhillip Kim

How President Obama’s New Immigration Law Can Benefit Immigrants

The Obama Administration’s latest new immigration law could benefit many immigrants.

Effective June 15th, 2012, President Obama’s new immigration law will do two things for young immigrants: prevent deportation and grant work permits.

The Obama Administration decided it was time to address the needs of thousands of struggling, young immigrants. Many of these immigrants were brought the United States at a young age and have significant ties to this country – some have lived here since they were children and only speak English. The new law is meant to provide these immigrants with a solution that would prevent them from being deported and would also allow them to work legally in the U.S.

The law is tailored for immigrants who are currently under the age of 30. The immigrant must prove that he is not a threat to the country. Good moral character will also be taken into account. This means that if the immigrant has a history of crime or criminal offenses, he may be denied under this new law.

The new law is meant for young immigrants who came to the U.S. under the age of 16. As minors, these immigrants had no choice in coming to this country. Now that they are here, they should be allowed to stay and get work legally.

Finally, the last requirements under this law are that the immigrant is currently in school or has graduated from high school. If you have received some form of a G.E.D., then that would be acceptable as well. You must also have been living in the U.S. since 2007. If you left at any time within the past 5 years or are currently NOT in the U.S., then you might not be eligible to apply under this law.

Even though you meet these minimum requirements, you may not be eligible for the benefits of this new law. For example, documents must be submitted as proof or evidence that you meet the requirements. If you fail to provide the government with proper documents, your case may be denied.

Furthermore, there may be more requirements for specific cases. A certain criminal offense might still mean that you are eligible for some protection under this law, while other offenses will bar you from benefits altogether.

For these reasons, it is important to discuss your options with a specialized immigration lawyer. Contact Attorney Phillip Kim for more information about Obama’s new law and how it will affect you.

Phillip Kim, esq.
Phillip Kim Law Center

Fresno Office
(559) 448-8500
PhillipKimLaw.com

San Diego Office
(619) 752-5379
PKimmigration.com

ByPhillip Kim

Citizenship Through Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or

national after he or she fulfills the requirements established by Congress in the Immigration

and Nationality Act (INA).

In most cases, an applicant for naturalization must be a permanent resident (green card

holder) before filing. Except for certain U.S. military members and their dependents,

naturalization can only be granted in the United States.

You May Qualify for Naturalization if:

● You have been a permanent resident for at least 5 years and meet all other eligibility

requirements. .
● You have been a permanent resident for 3 years or more and meet all eligibility

requirements to file as a spouse of a U.S. citizen.
● You have qualifying service in the U.S. armed forces and meet all other eligibility

requirements.
● Your child may qualify for naturalization if you are a U.S. citizen, the child was born

outside the U.S., the child is currently residing outside the U.S., and all other eligibility

requirements are met.

How to Apply for Naturalization

To apply for naturalization, file Form N-400, Application for Naturalization.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

10,000 U Visas Approved in Fiscal Year 2010: Questions and Answers : U Visa Protects Victims of Crime and Strengthens Law Enforcement Efforts

Introduction

On July 15, 2010, U.S. Citizenship and Immigration Services (USCIS) announced it has

approved 10,000 petitions for U nonimmigrant status (also referred to as the “U visa”)

in fiscal year 2010, an important milestone for a program that offers immigration

protection to victims of crime while also strengthening law enforcement efforts to

combat those crimes. This marks the first time that USCIS, through extensive outreach

and collaboration, has reached the statutory maximum of 10,000 U visas per fiscal year

since it began issuing U visas in 2008.

Questions and Answers

Q: What is the U Visa?

A. The U visa was created in the Victims of Trafficking and Violence Protection Act,

legislation intended to strengthen the ability of law enforcement agencies to investigate

and prosecute cases of domestic violence, sexual assault, human trafficking, and other

crimes while, at the same time, offering protection to victims of such crimes.

U nonimmigrant status is set aside for victims of certain crimes who have suffered

substantial mental or physical abuse as a result of the criminal activity and are willing to

help law enforcement authorities in the investigation or prosecution of the criminal

activity. Congress limited the amount of available U visas to 10,000 per fiscal year.

Q: Will USCIS continue to accept new petitions for U nonimmigrants status for the

remainder of fiscal year 2010?

A: Yes. USCIS will continue to accept and process new petitions for U nonimmigrant

status and will issue a Notice of Conditional Approval to petitioners who are found

eligible but who are unable to receive a U visa in fiscal year 2010 because the statutory

cap has been reached. Conditionally approved petitioners will be placed on a waiting list

for the next available U visa.

Q. Will petitioners who receive conditional approval be able to apply for work

authorization? What about qualifying family members?

A: Yes. Conditional approval will allow the petitioner and qualifying family members to

remain in the United States under deferred action. The conditional approval will also

allow the petitioner and qualifying family members to request work authorization.

Q. Does this apply to petitioners and qualifying family members who are in removal

proceedings or who have a final order of removal?

A. Yes. If the petitioner or a qualifying family member is in removal proceedings or has a

final order of removal, USCIS will issue a Notice of Conditional Approval of U

nonimmigrant status and will also issue deferred action.

Q. When will USCIS begin issuing U visas again?

A. USCIS will resume issuing U visas for fiscal year 2011 on October 1, 2010.

Conditionally approved petitioners on the waiting list will receive a U visa in the order in

which the petition was initially filed. Petitioners who have received conditional approval

must remain admissible and eligible for U nonimmigrant status while on the waiting list.

After U visas have been issued to qualifying principal petitioners on the waiting list, any

remaining U visas for fiscal year 2011 will be issued to new qualifying principal

petitioners in the order in which petitions are filed.

Q. Does the annual cap for U visas also apply to family members of petitioners?

A. No. The annual cap for U visas applies only to principal petitioners. Qualifying family

members will also be placed on the waiting list since their petitions are dependent on

the principal’s petition. Qualifying family members on the waiting list will receive U

visas when the principal petitioner receives a U visa.

Q. What contributed to the annual cap being met this year?

A. A combination of factors contributed to the U visa statutory cap being met this year.

Over the last year USCIS has increased training, expanded communication channels,

and dedicated other resources to the U visa program. USCIS significantly enhanced

outreach around the U visa, educating service providers on the eligibility requirements

of a U visa petition and making dedicated efforts to reach both law enforcement

officials and community advocates alike. These and other factors have contributed to an

increase in the number of approved U visa petitions.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Applicant Performance on the Naturalization Test

Section 312 of the Immigration and Nationality Act (INA) requires that naturalization

applicants must demonstrate an ability to read, write, and speak words in ordinary usage

in the English language, and have a knowledge and understanding of U.S. history and

government. As part of a multi-year redesign, the naturalization test was modified to

achieve two basic objectives:

A uniform and consistent testing experience for all applicants
A civics test that can effectively assess an applicant’s knowledge of U.S. history and

government
The new test strives to emphasize the founding principles of American democracy and

the rights and responsibilities of citizenship while also serving as an important

instrument to encourage civic learning and attachment to the country.

On October 1, 2008, USCIS began administering the new naturalization test. Up until

October 1, 2009, applicants who had filed for naturalization before October 1, 2008, had

a choice of taking the old test or the new test. On October 1, 2009, following a one-

year transition, the new test became mandatory for all naturalization applicants.

From October 1, 2008 through May 31, 2010, more than 789,000 new naturalization

tests were administered nationwide. For those applicants taking both the English and

civics tests, the overall national pass rate as of May 2010 is 92 percent. Data collected

since October 1, 2008 indicate that applicant performance remains relatively consistent

with that of the previous test. Compared to historical data from USCIS’ internal case

management systems, the current pass rate of 92 percent is similar to that of the old

test, which was 91 percent based on 2008 data.

Background on the Data
USCIS plans to periodically provide information on the national pass rate of applicants

who were administered the new naturalization test. The data reflected above were

taken from internal case management systems used to track naturalization applications

and have been gathered to provide a general snapshot of how applicants are performing

on the revised test. The national pass rate is determined based solely on an applicant’s

first test within the current naturalization application. The data represent applicants

taking the new naturalization test from October 1, 2008 through May 31, 2010. Please

note that test results for each applicant are manually entered into the case

management system and some errors may occur during manual entry. Although every

effort has been undertaken to eliminate any errors made during manual data entry,

errors may exist that would impact the publicized national pass rate.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/