Category Archive Immigration Information in Fresno CA

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.

ByStaff

How to Obtain Protection through Deportation Proceedings

The following information is for people seeking protection from deportation. Proceedings take place in Immigration Court or before the Board of Immigration Appeals (BIA). In deportation proceedings, individuals can apply for protection and immigration benefits like:

 
• Adjustment to permanent resident status
• Cancellation of removal
• Waivers that allow admission into the U.S.
• Asylum or hold back deportation orders (if eligible)

 
If you are filing for protection, you need to submit certain applications and provide biometric and biographic information to USCIS. If you do not file these forms properly, your file will not be passed on to removal proceedings. These procedures are meant to ensure that background checks are completed before your file is examined for protection benefits.

 
Since April 1, 2005, benefits cannot be granted to individuals until background checks are completed.
If your application is accepted, the process is not over yet. You will be issued further instructions by the Immigration Court. You must follow these instructions to receive documentation and work authorization.

 

 

For more information about removal proceedings, contact Attorney Phillip Kim.

ByStaff

USCIS Redesigns Employment Authorization Document and Certificate of Citizenship

One of the most recent changes made to immigration and naturalization took place on October 25, 2011. In an effort to increase security and combat fraud, USCIS redesigned two official documents, making it harder for criminals to tamper or counterfeit the documents. Also, authenticating the documents is now easier and more accurate.

The two documents affected are the Employment Authorization Document (EAD) and the Certificate of Citizenship (form N-560).

The EAD has been changed so that the card number is now located on the front of the card, as is the case number. The immigrant’s fingerprint and picture are laser engraved, making it harder to illegally reproduce the card. The unique background design and holographic imaging also makes the EAD difficult to tamper with.

The Certificate of Citizenship has been redesigned to include a digital approval signature and watermark that is engraved directly in the paper. The printing process has been changed to make the certificates more fraud resistant. And updated physical security features make it harder to tamper with the official documents.

USCIS anticipates that over 1 million people will receive the new documents in 2012.

 

At the Law Offices of Phillip Kim, Inc. we seek to keep you up to date on the latest changes in immigration and citizenship programs. For more information, contact Attorney Phillip Kim

ByStaff

Good Moral Character: Does it Apply to You?

If you have been researching immigration laws, you might have come across the terms “good moral character”. Many avenues of applying for citizenship require that the applicant be of good moral character. In fact, the naturalization process requires this of all applicants. The concept of good character is ambiguous and confusing for many people who are hoping to become U.S. citizens. At the Law Offices of Phillip Kim, we have had many clients approach us with questions about their moral character and whether it will prevent them from becoming citizens. We’ve written this article to clear the air on what it means to have good moral character.

First and foremost, U.S. Citizenship and Immigration Services (USCIS) will look at your criminal record. Certain crimes will result in barring you from becoming a U.S. citizen. These crimes include murder and aggravated felonies. Other less serious offenses might result in a short-term ban. During this time, the applicant will not be eligible for citizenship. Form N-400 is the form used to apply for U.S. citizenship. The form asks many questions about your criminal background. We urge you to respond truthfully and do not omit any criminal charges that were filed against you, even if they are no longer on record or expunged. If USCIS finds out about an issue from your past, you can be denied. Even minor events should be reported.

If you fall into the category of those who have a criminal record, you will need to send a copy of all documents pertaining to your case. For most, these documents include arrest warrants, reports, and court documents. You may also want to consider sending statements or examples of evidence that show your side of the story.

Some clients worry about traffic violations. You do not need to send documents for a traffic incident unless alcohol or drugs were involved. If a traffic violation resulted in an arrest, you will not need to send documents if the penalty involved points on your driver’s license or you were only forced to pay a fine less than $500.

An important note to keep in mind is that some serious crimes come with equally serious consequences. You can be removed (deported) for those crimes. In these cases, USCIS suggests that you seek the assistance of an immigration attorney.

While your criminal record is the primary tool used to determine whether or not you have good moral character, another factor will also jeopardize your plan of becoming a U.S. citizen: lying during interviews. Even if you get away with lying during an interview, if USCIS finds out that you lied later on, your citizenship can be taken away.

In addition, certain specific acts may classify you as someone who does not have good moral character. These include but are not limited to:

  • Failure to pay child support
  • Illegal activities such as prostitution or polygamy
  • Crimes that involve fraud
  • Crimes against the government
  • Being in jail or another institution for 180 days or more during the past 5 years (3 years if you are applying through marriage with a U.S. citizen)

For more information about good moral character, contact Attorney Phillip Kim.

ByStaff

Victims of Domestic Abuse and U.S. Citizenship

The Violence Against Women Act (VAWA) is a law that protects and aids victims of abuse. Though the law states “women”, it applies to men, women, and children. As a result of the passage of VAWA, programs that protect and provide services to victims have increased and expanded in America.

For immigrants, this law is especially helpful to victims who want to become U.S. citizens, but are worried for their safety. If you’re a victim of violence and the abuser (spouse, child, or parent) is a U.S. citizen or holds a green card, you may be eligible to petition for a visa. More importantly, the process can take place in a way that would be safest for you: all paperwork can be filed without the abuser’s knowledge. The National Domestic Violence website contains more information for victims.

Roughly there are three categories for those who can petition for a visa using VAWA:

1. Spouse: if your spouse has abused you, and he or she is a U.S. citizen or permanent resident, you can file a petition for yourself. You can also apply for your children, if they are unmarried.

2. Parent: if your spouse has abused your child, you can petition for yourself and your child. In addition, you can petition for your children who were not abused. Sometimes, parents are abused by their children. In this case, if your son or daughter is a U.S. citizen, you can also petition for a visa.

3. Child: you qualify as a child if you are under the age of 21, have not been married, and the parent who abused you is a U.S. citizen. If your parent(s) abused you and you have children of your own, you can petition for them. If you have passed the age of 21, but younger than 25, then you can still apply but you will need to demonstrate that the delay in filing was due to the abuse.

If you belong to one of the categories listed above, you may be eligible to petition. But you must meet another set of requirements. This is a common feature of immigration forms. You must not only meet an initial set of criteria, but your specific case must fall into eligibility requirements as well.

If your spouse abused you but is not a U.S. citizen or green card holder, you might still be able to petition if the marriage ended due to death or separation (divorce) – but you must file within 2 years of the end of the marriage. Or, your spouse lost his citizenship or status as a permanent resident because of a domestic violence issue (again, you must file within 2 years of your spouse losing the status). Another option is that you thought you were legally married but your spouse was married to another person, making your marriage unlawful. These are just some of the conditions that must be met in order to establish that you were a victim of abuse. In addition, several other qualifications must be met. For example, it must be true that you lived with the abuser and that you did not get married just for immigration purposes.

There is a different set of requirements for a child who is petitioning or if you are petitioning for a child. The child must be able to prove his/her relationship to the abuser. If you are older than 14, you have to demonstrate that you have “good moral character”. And again, you had to have lived with the abuser.

For parents, the criteria are quite similar to the facts mentioned above. You had to have been abused, living or lived with the abuser, and have “good moral character”. If the abuser is no longer a U.S. citizen or had their green card revoked, it had to have been because of an action of domestic violence, and you must apply within 2 years of their change in status.

If you believe you are eligible to petition for a visa through VAWA, you will need to file Form I-360 plus all other documents that provide USCIS with evidence. The form comes with other benefits besides granting you a visa. If your form is approved, you might be eligible to apply for a work visa. Victims of abuse often remain with their abuser due to financial constraints. With a work visa, you may be able to finance yourself and your children independently.

An approved I-360 also opens the doors to green card issuance. Additional forms must be filed in order to apply for a permanent residence.

For more information about petitioning through VAWA, contact specialized Immigration Attorney Phillip Kim.

ByStaff

Immediate Relative of a U.S. Citizen? How You can Apply for a Green Card

One of the most popular ways of becoming a U.S. citizen is through an immediate family member. When it comes to applying for a visa, immediate relatives are given top priority.

There are an unlimited number of visas available for family members. So, if you are an immediate relative of a U.S. citizen, you will not need to be waitlisted until a visa number becomes available. Usually, a visa should be available right away.

You are designated as an immediate relative if you are the spouse, child, or parent of a U.S. citizen. As a child, you must be under the age of 21 and unmarried. If you are applying as the parent, the U.S. citizen must be at least 21 years of age.

You may apply for a green card either while you are in the U.S. or while you are abroad.

If you are currently in the U.S., you can complete the application process in one step: you file an I-485 and your U.S. citizen relative petitions with Form I-130. This must be done at the same time. Filing forms can be complicated, and one mistake could result in a rejection of your request. It is recommended that you seek the assistance of an attorney who is specialized in immigration to help you file these forms.

Sometimes, the petitioner (the U.S. citizen you are related to) files the I-130 early. In this case, you can still file an I-485 as long as the petitioner’s request has not been rejected. When you receive a Notice of Action that tells you that the I-130 has been approved, you can submit from I-485. You will have to include a copy of the receipt or approval notice.

If you are not currently in the U.S., but are an immediate relative of a U.S. citizen, you have a different process to go through. First, the U.S. citizen must file form I-130 and it must be approved by USCIS. When USCIS approves of the petition, you must wait until they notify you that you are eligible to apply for a visa. When a visa is available, it will be issued to you. Once you have your visa, you can travel with it and you will become a U.S. permanent resident when you enter the U.S. If you fail to apply for a visa within one year after the Department of State has told you that you are eligible, your petition could be terminated. This entire process is known as consular processing.

Some conditions make it difficult for you to apply for a visa or green card through an immediate relative. In immigration, good timing makes all the difference. If you are applying as a child of a U.S. citizen, you must apply before you reach the age of 21. Once you pass that age, you will be moved into a different visa preference category that will make it more difficult to apply through a U.S. citizen parent. A visa may not be available to you immediately, and this will cause a delay in adjusting your status or processing your request for a green card. So, it’s important to begin the visa application process as early as possible.
On the same note, sometimes it is possible for a person to pass the age of 21 and still legally be called a “child”. Under the Child Status Protection Act, it is possible that USCIS will determine your age based on the date your parent files the I-130 for you. For example, if a parent files the form while the child is 20 years old, it may be possible to request that the child’s age be determined by that date.

Another factor that will make the immigration process lengthier and sometimes impossible is marriage. If you are under the age of 21, applying for a green card through a U.S. citizen parent, and married, then you no longer fall in the category of “immediate relative”. This means that your status will change from top priority for a visa to third priority, and a visa will not be available for you right away. It is important to keep USCIS updated on any change in your marital status after the I-130 has been filed and before you receive a visa or permanent status.

Finally, some situations we have come across specifically include:

A spouse has entered the U.S. with a different type of visa (sometimes a student visa or visitor’s visa)

The spouse of family member’s visa has expired and they are seeking a change in status or to apply for a green card through an immediate relative

Green card renewal – you can renew your green card whether it is expired or not. Past criminal convictions will affect your chances for obtaining a renewal.

If you have any questions about applying for a visa or green card through an immediate relative, please contact Immigration Attorney Phillip Kim.

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

E-3 SPECIALTY OCCUPATION WORKER GUIDANCE by Immigration Attorney in Fresno

Washington, D.C.– U.S. Citizenship and Immigration Services (USCIS) issued guidance today regarding E-3 nonimmigrant Specialty Occupation Workers. In particular, USCIS provided specific information on the eligibility requirements and documentation needed
for individuals wishing to either change their nonimmigrant status to that of an E-3 worker or to extend their E-3 status.

Established by the REAL ID Act of 2005, the E-3 nonimmigrant classification allows for the admission of a temporary worker who is national of Australia and is entering the U.S. to perform services in a “specialty occupation.” As is generally the case, nonimmigrant aliens who are already legally in the United States may apply to change their status to that of an E-3 specialty worker and, eventually, apply to extend their stay in E-3 classification.

Note: The new E-3 nonimmigrant category should not be confused with the separate and independent H-1B nonimmigrant category for “specialty occupation” workers.

To qualify for E-3 classification, an alien must, among other things, be an Australian national who is seeking employment in a specialty occupation requiring possession of a bachelor’s degree or higher (or its equivalent), and possess the appropriate degree (or its equivalent) in the field in which the alien wishes to work. E-3 nonimmigrant status is initially granted for a period of no more than two years. Extensions of stay may be granted indefinitely in increments not to exceed two years.

Congress has established a yearly cap of 10,500 new E-3 workers. For purposes of the cap, “new E-3 workers” are those who, coming from abroad, are admitted initially in E-3 classification or those who change their nonimmigrant status to E-3 classification or change employers while in E-3 status. Unlike the dependent of an alien in H-1B nonimmigrant classification, the dependent spouse of an E-3 temporary worker may apply for and receive work authorization.

An alien seeking to be admitted in E-3 nonimmigrant classification at a U.S. Port-of-Entry must posses a valid E-3 visa issued by the U.S. Department of State. Aliens already in the United States may request a change of status to E-3 or extend their E-3 status by filing a Form I- 129 (Petition for a Nonimmigrant Worker) directly with the Vermont Service Center. The cost for filing the request for change of status or extension of stay is $190. In addition to the Form I-129 , applicants must include the following documentation:

• Proof of Australian nationality,
• A letter from the prospective U.S. employer describing the alien’s occupation, the alien’s anticipated length of stay, and salary/remuneration arrangements,
• Evidence that the alien meets the educational requirements for the position to be filled (a bachelor’s degree or higher or its equivalent in the specific specialty occupation),
• Evidence that the alien meets any licensing or other occupational requirements, and
• Evidence that the prospective U.S. employer has filed with the Department of Labor a labor condition application (LCA) specifically designated for E-3 Specialty Occupations.

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