Tag Archive Asylum

ByPhillip Kim

Applying for Refugee and Asylum Status

A refugee is someone persecuted in his or her home country due to race, religion, war, nationality, or political affiliation. Obtaining refugee status in the United States is a form of protection for refugees who are not allowed or unwilling to return to their home country because of fear or social harm. In order to qualify for the refugee status, the applicant must be from outside the U.S.

To qualify for an asylum status, the applicant must meet the definition of a refugee, be present in the U.S., and seek admission at a port of entry, according to the U.S. Citizenship and Immigration Services.
One can apply for asylum regardless of the background of your country and immigration status.

ByPhillip Kim

Applying for Refugee and Asylum Status

A refugee is someone persecuted in his or her home country due to race, religion, war, nationality, or political affiliation. Obtaining refugee status in the United States is a form of protection for refugees who are not allowed or unwilling to return to their home country because of fear or social harm. In order to qualify for the refugee status, the applicant must be from outside the U.S.

To qualify for an asylum status, the applicant must meet the definition of a refugee, be present in the U.S., and seek admission at a port of entry, according to the U.S. Citizenship and Immigration Services.
One can apply for asylum regardless of the background of your country and immigration status.

ByPhillip Kim

Facing Deportation and Removal—What You Can Do

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

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.

ByPhillip Kim

Information for Employers and Employees by Immigration Attorney in Fresno

Employers must verify that an individual whom they plan to employ or continue to

employ in the United States is authorized to accept employment in the United States.

For more information about the employment authorization verification process, Please

Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

As an employer, you may require the services of a foreign national to work at your

company or business. If the individual is already a permanent resident (green card

holder), you may hire that individual, but you must comply with the employment

verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that

the individual may obtain the appropriate immigrant or nonimmigrant classification. You

may chose to file an immigrant petition (permanent) or a nonimmigrant petition

(temporary) on behalf of that employee. Fresno Immigration Attorney Phillip Kim
provide information on how to petition and the different eligibility categories.

Employees

No alien may accept employment in the United States unless they have been authorized

to do so. Some aliens, such as those who have been admitted as permanent residents,

granted asylum or refugee status, or admitted in work-related nonimmigrant

classifications, may have employment authorization as a direct result of their immigration

status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You

may seek an immigration classification that permits you to live and work in the United

States permanently or temporarily. In most instances, your employer or potential

employer must petition for you. You will find more information about coming to the

United States to work temporarily or permanently and the many different eligibility

categories for working in the United States.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Green Card Eligibility by Immigration Attorney in Fresno

You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions.
In some cases, you may even be able to self petition or have a record created for permanent residence on your behalf. In general, to meet the requirements for permanent residence in the United States,
you must:
Be eligible for one of the immigrant categories established in the Immigration and Nationality Act

(INA)
Have a qualifying immigrant petition filed and approved for you (with a few exceptions)
Have an immigrant visa immediately available
Be admissible to the United States
Each requirement is detailed below.

Eligibility for an Immigrant Category

Individuals who want to become immigrants (permanent residents) through their qualified family member,

a job offer or employment, or a special category will generally be classified in categories based on a preference system. Except for immediate relatives of a U.S. citizen who are given the highest

immigration priority and a few other exceptions, Congress has set a finite number of visas that can be used each year for each category of immigrants. The general categories are listed below. For more

specific information under each general category, see the links to the left.

Family Based

Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become

available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByImmigration News

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ByPhillip Kim

Green Card (Permanent Residence)

A permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “green card.” You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.

The steps to become a permanent resident are different for each category and will depend on if you are currently living inside or outside the United States. The main categories are listed below. More information is available in the links to the left.

Green Card Through Family
How to apply for permanent residence when a family member petitions for you·
Green Card Through a Job
How to apply for permanent residence based on a job offer or employment.
Green Card Through Refugee or Asylum Status
How to apply for permanent residence when you have been granted refugee or asylum status·
Other Ways to Get a Green Card
Learn about the many other ways that you may qualify for permanent residence
If you are unsure which immigration path best fits your particular situation, see the “Green Card Processes & Procedures” link to the left which includes:·

Green Card Eligibility
Learn who can apply for permanent residence
Adjustment of Status
Learn about the multi-step process for individuals inside the United States that want to get a green card
Consular Processing
Learn about the multi-step process for individuals outside the United States that want to get a green card

For More Information,
Please Call: (559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

How to Get a Green Card by Employment Fresno California Greencard attorney

Job or Employment Based Green Cards

People who want to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa abroad, when an immigrant visa number becomes available according to the following employment based preferences:
First Preference: Priority Workers, including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers
Second Preference: Members of professions holding an advanced degree or persons of exceptional ability (including individuals seeking a National Interest Waiver)
Third Preference: Skilled Workers, professionals and other qualified workers
Fourth Preference: Certain special immigrants including those in religious vocations
Fifth Preference: Employment creation immigrants (investors or entrepreneurs)

For more information on green card eligibility through employment or a job offer, see the “Green Card Through a Job” link to the left.

Based on Refugee or Asylum Status

If you were admitted to the United States as a refugee or the qualifying spouse or child of a refugee, you are required to apply for permanent residence (a green card) 1 year after your entry into the United States in this status. If you were granted asylum in the United States or are a qualifying spouse or child of an asylee, you may apply for permanent residence 1 year after the grant of your asylum status.

If you are a refugee, you are required by law to apply for a green card 1 year after being admitted to the United States in refugee status.

If you are an asylee or asylee derivative spouse or child, you are not required to apply for a green card 1 year after being granted asylum or 1 year after being admitted to the United States in asylum status, although it may be in your best interest to do so.

For more information on green card eligibility for refugees and asylees, please CALL (559) 761-9742 or Click HERE.

ByPhillip Kim

Green Card Attorney Fresno California Citizenship Visa Lawyer

Green Card Eligibility

You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions. In some cases, you may even be able to self petition or have a record created for permanent residence on your behalf. In general, to meet the requirements for permanent residence in the United States, you must:
Be eligible for one of the immigrant categories established in the Immigration and Nationality Act (INA)
Have a qualifying immigrant petition filed and approved for you (with a few exceptions)
Have an immigrant visa immediately available
Be admissible to the United States

Each requirement is detailed below.

Eligibility for an Immigrant Category

Individuals who want to become immigrants (permanent residents) through their qualified family member, a job offer or employment, or a special category will generally be classified in categories based on a preference system. Except for immediate relatives of a U.S. citizen who are given the highest immigration priority and a few other exceptions, Congress has set a finite number of visas that can be used each year for each category of immigrants. The general categories are listed below. For more specific information under each general category, see the links to the left.

Family Based

Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:
Parents of a U.S. citizen
Spouses of a U.S. citizen
Unmarried children under the age of 21 of a U.S. citizen

Note: U.S. citizens must be at least 21 years old to apply for their parents

The qualified relatives of a U.S. citizen or permanent resident in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories include:
First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens
Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents
Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children

For more information on green card eligibility through a family member, CALL (559) 761-9742 or Click HERE.