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ByPhillip Kim
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Challenging Ineligibility in the Visa Process: The I-601 Process

The I-601 waiver can be used to challenge charges on ineligibility when trying to get a visa or change status to become a permanent resident. If you are ineligible to change your status or get a visa for permanent residence, you may can use the I-601 form to attempt to overturn your ineligibility. After submitting the form, the USCIS will review your form and notify you of any change in status.

If you are present in the U.S., file your I-601 waiver with the U.S. Citizenship and Immigration Services department ( USCIS). If you are not present in the U.S., you should file your I-601 form at the closest U.S. embassy or consulate. You may also file your I-601 with the USCIS “lockbox” in Chicago, but take care to follow the correct process for mailing in your waiver. If you do not follow the lockbox procedure, your waiver could be lost or significantly delayed.
The length of the application process for filing the I-601 will differ greatly by location of filing. If there is not a U.S. Citizenship and Immigration Services office in the country where you are applying, your application will be sent to the next closest office which can delay how quickly your I-601 waiver is reviewed. How many applicants apply at your application location may also change the speed of the filing process and may cause delays.

The filing process will require substantial writing in English. You should expect to explain the grounds of your ineligibility in detail on the waiver form. You should also be able to provide documentation of your ineligibility, such as copies of your medical records or diagnoses, criminal records, financial records, or other relevant documentation to the grounds you are contesting with your I-601 waiver.

When reviewing your I-601 waiver, the USCIS may consider any number of factors. Your immigration history in the U.S. and the length of time you have lived in the U.S. (documented or otherwise). They may also consider any criminal record, employment history in the U.S., or demonstration of good moral character. The USCIS may also consider any family ties to the U.S. already and whether or not denying your application will strongly negatively affect those relationships. You can include documentation of your kinship ties, including marriage or birth certificates and should demonstrate how your presence in the U.S. is necessary to these ties. The I-601 waiver can also be used to demonstrate that leaving the U.S. or being unable to immigrate will cause severe economic hardship that could otherwise be avoided. You should aim to demonstrate any of the above factors in your I-601 waiver and you can and should include documentation for these grounds.

There is a fee for filing the I-601 waiver, currently at $585 U.S. dollars. If you are entering the U.S. on some forms of refugee or asylum and are required to file the I-601, you may also be eligible for a fee waiver. You should contact the U.S. CIS to see if your current status is eligible for the fee waiver.

ByPhillip Kim
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Immigration Reform 2013 Faces Challenges in House

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With the passage of the new immigration reform bill in the Senate, the challenge now is whether or not it will pass in the House because Republicans hold the majority in the House and they are opposed to the new bill. Some say Republicans may not approve it because the bill does not strengthen border security and rewards undocumented immigrants by granting citizenship.

Republicans also favor the piecemeal approach rather than the holistic idea. The House bill was planned to be released in June, but now is expected to be released sometime during this month. On July 10, the House Republican Conference will meet up in the Capitol basement to discuss the immigration reform bill.

ByPhillip Kim
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Supreme Court Implements Ruling on Defense of Marriage Act

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Secretary of Homeland Security Janet Napolitano states addresses that the Supreme Court will ensure the implementation of last week’s ruling that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. President Obama has taken measures to enforce this ruling and handle implications for federal benefits of same-sex marriages. Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) will review immigration visa petitions filed by same-sex spouses equally as those filed by opposite-sex couples.

ByPhillip Kim
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Immigration Reform 2013: Piecemeal Proposal

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House Speaker John Boehner rejects introducing the Senate’s immigration reform bill for debate on the House floor. He justifies by stating that the majority of GOP House members would not vote to allow 11 million undocumented people get citizenship. Instead, GOP members propose single-issue, “piecemeal” bills which reflect conservative ideals.

Democrats oppose this “piecemeal” idea on immigration because it is insufficient for illegal immigrants seeking legalization. However, Democratic House members see it as the only way for the Senate to even consider the bill in the House.

House Republicans drafted three immigration bills that are opposed by Democrats: Strengthen and Fortify Enforcement Act, Legal Workforce Act, and Agricultural Guestworker Act. The Strengthen and Fortify Enforcement Act allow law enforcement to crack down on illegal immigration. The Legal Workforce Act requires employers to use E-Verify within two years to verify the work eligibility status of employees. The Agricultural Guestworker Act creates a farm work program for foreign labor but does not include worker protection.

ByPhillip Kim
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EB-5 Immigrant Investor Investor’s Visa Green Card by Investment

EB-5 Immigrant Investor Investor’s Visa Green Card by Investment

Visa Description

USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise:

Established after Nov. 29, 1990, or

Established on or before Nov. 29, 1990, that is:

1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs
Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:
A sole proprietorship
Partnership (whether limited or general)
Holding company
Joint venture
Corporation
Business trust or other entity, which may be publicly or privately owned

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

Note: This definition does not include noncommercial activity such as owning and operating a personal residence.

Job Creation Requirements

Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

Create or preserve either direct or indirect jobs:

Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.

Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Note: Investors may only be credited with preserving jobs in a troubled business.

A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded.

A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States.

Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the Immigrant Investor Pilot Program, “full-time employment” also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program.

A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workman’s compensation and unemployment premiums for the position by the employer.

Capital Investment Requirements

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act.

Note: Investment capital cannot be borrowed.

Required minimum investments are:
General. The minimum qualifying investment in the United States is $1 million.
Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.

ByPhillip Kim
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Employment-Based Immigration: First Preference EB-1

Employment-Based Immigration: First Preference EB-1

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met:

1. Extraordinary Ability
Description:
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

Evidence:
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

2. Outstanding professors and researchers
Description:
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

Evidence:
You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer.

3. Multinational manager or executive
Description:
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
Evidence:
Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

* Criteria for Demonstrating Extraordinary Ability

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:
Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members

Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts
** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of membership in associations that require their members to demonstrate outstanding achievement
Evidence of published material in professional publications written by others about the alien’s work in the academic field
Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
Evidence of original scientific or scholarly research contributions in the field
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

ByPhillip Kim
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Obama Pushes to Pass Immigration Reform 2013

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The new proposed immigration reform has been approved by the Senate but now waits for the decision of the House. Obama urges Congress to pass this bill so that it would allow a pathway to citizenship for illegal immigrants in the United States as well as improve border security.

However, challenges to passing this bill include Republican opposition. Back in 2007, Republicans struck down President Bush’s House-backed immigration reform proposal, and they continue to show opposition towards immigration reform.

Democrat Nancy Pelosi who supports the immigration reform warns Republicans to follow suit or they will lose the growing Latino population’s support in future elections. To rebuttal Pelosi’s statement, Republican Bob Goodlatte states it would be unfair for people who reside in the U.S. unlawfully to eventually get citizenship while others who have worked for many years to immigrate lawfully still don’t obtain citizenship.

As these two parties continue to argue for their stances, Obama presses the House to pass the bill before the summer recess in August.

ByPhillip Kim
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Getting U.S. Citizenship Through Naturalization

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U.S. citizenship provides many rights, but also involves many responsibilities. Thus, the decision to become a U.S. citizen through naturalization is important. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. To be eligible for naturalization, you must first meet certain requirements set by U.S. law.

Requirements to be eligible for naturalization include being age 18 or older, being a permanent resident for a certain time period, having good moral character, having a basic knowledge of the U.S. government, having continuous residence in the U.S., and being able to communicate English (with some exceptions).

So when is it possible to apply for naturalization?

One may be able to apply for naturalization if he/she is at least 18 years of age and have been a permanent resident either for at least 5 years, at least 3 years (during which you have been in a marriage relationship with your U.S. citizen husband or wife), or have honorable service in the U.S. military. Certain spouses of U.S. citizens and/or members of the military may be able to file for naturalization sooner than noted above.

To learn more about the naturalization process and take the first step in applying for U.S. citizenship, contact attorney Phillip Kim for specialized help tailored to your needs.

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
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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

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Testimonials


"My family member recommended Attorney Phillip Kim. My whole experience with Attorney Kim's office was pleasant. Attorney Kim was thorough in preparing my case and assured me answering all of my questions throughout the process. I got my Green Card in a little over 3 months from filing and the entire process took less than one year. I would definitely recommend Attorney Phillip Kim to anyone who wants to fix their immigration status." Gina & Edgar from the Central Valley

"Amazing service. Great communication. My case was approved a little over three months. I have been recommending Mr. Kim to my family and friends." Alexa & Abraham from the Central Valley
"I am a DENTIST busy managing two offices and hired Attorney Kim recently. Alex Denes, DDS, PhD. Mr. Phillip Kim is a very knowledgeable and efficient immigration attorney. I was extremely pleased on how he handled the immigration of my father-in-law. His office staff is courteous and always returned my calls and email inquiries in a timely fashion. His Fresno office is very clean and he has extremely good knowledge of the US immigration law. I felt very safe having him handle our case. I am confident that you will not benefit of the same level of professionalism elsewhere. I am a busy professional, dentist with 2 offices and time and efficiency matters more. All that said, I found his fees to be extremely reasonable relative to the kind of service that he provides. I congratulate him on his knowledge and dedication as well as I congratulate his office staff for their professionalism. Dr. Alex Denes, DDS, PhD."
“I am a REGISTERED NURSE and My father just went through very lengthy difficult deportation proceedings. We hired our first lawyer, who lost our case. That’s when we hired Attorney Kim, who appealed and took our case to San Francisco Immigration Court. He attended our hearings in Court and finally won our case. My father now has a Green Card. If you have a Deportation Case or are about to be deported, please call me. I will tell you how Attorney Kim helped my father with his Deportation case. My Cell # is (559) 802-7124.” – by Nalleli Medina, RN; Tulare, CA.
"I am an ENGINEER. Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"
“I am a REGISTERED NURSE. We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA, RN and Family; Fresno, CA.

 

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Testimonials

"I am a DENTIST busy managing two offices and hired Attorney Kim recently. Alex Denes, DDS, PhD. Mr. Phillip Kim is a very knowledgeable and efficient immigration attorney. I was extremely pleased on how he handled the immigration of my father-in-law. His office staff is courteous and always returned my calls and email inquiries in a timely fashion. His Fresno office is very clean and he has extremely good knowledge of the US immigration law. I felt very safe having him handle our case. I am confident that you will not benefit of the same level of professionalism elsewhere. I am a busy professional, dentist with 2 offices and time and efficiency matters more. All that said, I found his fees to be extremely reasonable relative to the kind of service that he provides. I congratulate him on his knowledge and dedication as well as I congratulate his office staff for their professionalism. Dr. Alex Denes, DDS, PhD."
“I am a REGISTERED NURSE and My father just went through very lengthy difficult deportation proceedings. We hired our first lawyer, who lost our case. That’s when we hired Attorney Kim, who appealed and took our case to San Francisco Immigration Court. He attended our hearings in Court and finally won our case. My father now has a Green Card. If you have a Deportation Case or are about to be deported, please call me. I will tell you how Attorney Kim helped my father with his Deportation case. My Cell # is (559) 802-7124.” – by Nalleli Medina, RN; Tulare, CA.
"Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"
“We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA and Family; Fresno, CA.
“I hired two other lawyers before Mr. Kim. They could not do it. It was denied. Finally, my third attorney, Mr. Kim helped me to get my green card even after my husband died. Please call me at (559) 283-5636. (ask for Reagan). We will tell you more about how Mr. Kim helped us.” – by Sochinda Nguon & Reagan; Fresno, CA"

 

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