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Employment in the U.S.: Do You Qualify for an H-1B Visa?

H-1B visas apply to people who want to come to the U.S. to perform special services or work on the basis of exceptional merit. You can live in the U.S. for 3 years and this time can be extended up to 6 years.
If you would like to be considered for an H-1B visa for specialty occupations, one of the following must be true about your job.

 

  • The job requires someone who has a Bachelor’s degree or higher. In some countries, the Bachelor’s degree is known by another name – that is fine as long as it is equivalent to a Bachelor’s degree.

 

  • Secondly, it must be true that the employer normally needs someone with a degree to work. It also has to be normal for the industry to require a degree from workers. For example, it is a common rule that doctors, teachers, or engineers to have some form of degree in order to work. Restaurant or gas station jobs do not require special degrees from its workers.

 

  • The job can also be so complicated that it cannot be done by a worker who does not have a degree or Bachelor’s degree.

If your job meets just one of the conditions listed above, the first check has been completed. You are now ready to determine if you meet the criteria to apply for an H-1B visa. In order to be eligible, you must meet one of the following conditions.

 

  • You must hold a U.S. Bachelor’s degree or its foreign equivalent that is required by your employer at an accredited university or college.

 

  • Or, you must have a license that indicates that you are authorized to work in the state where you are employed. If you are planning on working in California, your license should state that you are permitted to practice your employment in this state.

If you don’t fall into the categories listed, you still have a chance at being accepted for an H-1B:

  • Have you worked or trained in a job enough that you now have the education and expertise of someone who has a degree? Then you might qualify. It is necessary that your knowledge of the field is recognized through advanced employment positions that indicate your level of training in the field.

If your job satisfies one of the criteria above and you educational or employment history indicates that you meet one of the criteria as well, then you may have a chance at receiving an H-1B visa. Other factors must be taken into consideration like the H-1B cap. Every fiscal year, 65,000 H-IB visas are granted to workers. If you have an advanced degree, higher than a Bachelor’s, then you may be exempt from the cap. Also, extra visas are set aside every year for workers from Chile and Singapore. Otherwise, your application may be rejected due to the limit per year. Contact an immigration attorney for more information about the fiscal year cap and whether or not you qualify for an H-1B visa.

 
Because determining your eligibility is a complicated task, it is recommended that you seek the assistance of an attorney. If you have any questions about the H-1B visa, please contact Immigration Attorney Phillip Kim.

ByStaff
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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
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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
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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
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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
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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
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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
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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
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How to Get a Green Card thru Employment in Fresno- Immigration Lawyer Greencard Attorney

What is the most common way to get a Green Card? What Do I need to do to obtain a Green Card by employment. How to hire an Immigration Lawyer in Fresno California and work with Immigration Attorney?
Check out other videos on this website to find useful information about Immigration Law.

Attorney Phillip Kim represents his clients from the Central Valley, Southern California, and Northern California including Fresno County, Kings County, Kern County, Stanislaus County, Tulare County, Merced County, San Joaquin Valley County, Los Angeles County, and the San Francisco Bay area with cities such as Fresno, Clovis, Sanger, Merced, Tulare, Visalia, Modesto, Stockton, Hanford, Lemoore, San Jose, San Francisco, and San Diego.

ByPhillip Kim
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Deportation Defense Cancellation of Removal in Fresno, California

This video explains the basics of Deportation Defense and Cancellation of Removal in Fresno, California.

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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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