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ByPhillip Kim
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DACA Deferred Action for Childhood Arrivals Process

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

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

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

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

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

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

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

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

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

ByPhillip Kim
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Temporary Protected Status Extended for Salvadorans

Temporary Protected Status Extended for Salvadorans

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

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

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

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

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

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

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

ByPhillip Kim
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How President Obama’s New Immigration Law Can Benefit Immigrants

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

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

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

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

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

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

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

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

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

Phillip Kim, esq.
Phillip Kim Law Center

Fresno Office
(559) 448-8500
PhillipKimLaw.com

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

ByStaff
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Working in the U.S. Without a Green Card? Learn How to Apply for One

There are many ways to obtain a green card as a worker. Some of the categories that may be approved for a worker’s green card are: offer of permanent employment, entrepreneurship, investment, special or particular skills. There are also certain fields of work currently allowing green card applications as workers. If you have a job offer for permanent work, you can apply for your green card from both inside and outside the U.S. but the procedure does differ.

If you are living in the U.S., you must first submit a petition for status as an immigrant worker. After your petition there is a waiting period for a visa. After your visa becomes available, you can apply for your green card as a permanent worker. Your ability to prove your eligibility as a permanent worker with a job offer will aid in the green card process.

If you are not yet living in the United States, submit your petition as a worker from your country of origin. After your application is submitted, there will be a waiting period for an available visa. Once your visa is approved, you may travel to the U.S. for residence.

For more information on obtaining a green card, contact immigration attorney Phillip Kim.

(559) 761-9472

ByStaff
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Related to a U.S. Citizen? Learn How to Get a Green Card!

There are multiple ways to get a green card as a relative of a U.S. citizen. As the spouse, unmarried child, or parent of an adult citizen (over 21 years old) you qualify as an immediate relative. Green cards for immediate relatives are unlimited, so there is no waiting for a visa as an immediate family member. Receiving a green card will allow you to live and work in the U.S. as a permanent resident.

If you are already in the United States, to receive a green card, you will file need to file for permanent residence. Second, you will petition for your status as an immediate relative of a citizen. For immediate relatives of U.S., these two steps can be done at the same time or you can submit your petition and then file for residence.

If you are not yet living in the U.S., you must submit your petition for residence as a family member of a citizen first. After your petition is submitted, there is a waiting period for a visa to allow you to travel to the U.S. This process is the same for immediate and non-immediate family members of citizens.

Your status as a child will most likely be counted from the date of your petition, and that to keep the status of child you must be 21 years old or younger. Also, children under 21 must be unmarried through the green card process in order to count as immediate relatives. If you are the married child of a U.S. citizen you do not count as an immediate relative, but can still petition for residence as a family member of a U.S. citizen.

For more information and help with getting a green card, contact attorney Phillip Kim in Fresno, California.

(559) 761-9742

ByStaff
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Getting a Green Card: Who Qualifies 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. 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!

(559) 761-9742

ByStaff
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What is the EB-2 Status Work Visa?

Permanent workers in the U.S. under EB-2 preference demonstrate that they are educated and/or highly skilled in their professional area. With EB-2 Preference, you will be granted a visa that is eligible for permanent residence status. That means you can use your EB-2 visa to get your green card and permanently relocate to the U.S.

There are 3 major areas of eligibility for the EB-2:

  1. Your prospective job requires an advanced degree which you have. An advanced degree is defined as above a U.S. bachelors or its foreign academic equivalent. It’s also acceptable to apply with a bachelor’s (or its equivalent) and 5 years relevant professional experience doing your prospective job. If you plan to substitute work experience for an advanced degree, show that your employment was progressive and that you attained a higher level of knowledge or esteem during this time. Any academic degrees must be proven through proper documentation. Applicants in this area must also have a Labor Certification Application submitted to the U.S. Department of Labor by their prospective employer on their behalf.
  2. You have exceptional professional ability in a field of the arts, sciences, or business. Entrepreneurs are eligible to get EB-2 status. Skilled or talented applicants in this category of eligibility must also have a Labor Certification Application filed on their behalf by the prospective U.S. employer. Your application should provide documentation.
  3. Eligibility with a National Interest Waiver. The National Interest waiver takes the place of the Labor Certification requirement for the other applicants. National Interest Waiver applicants are claiming and must demonstrate that the U.S. would greatly benefit from their immigration and absorption into the U.S. economy. National Interest Waivers are self-petitioners and do not need to have prospective employment in order to apply for a permanent work visa. If you are granted a National Interest Waiver, you do not need to have labor certification. You can petition for a NIW as an entrepreneur.

If you are eligible for EB-2 status visa in the second or third eligibility category, you must meet at least 3 of the following criteria:

  • documents demonstrating educational attainment, including academic records, certificates, etc.
  • documentation of at least 10 years full-time relevant professional experience
  • a professional license or certificate qualifying you to practice your trained profession
  • evidence that your professional experience was salaried, paid work
  • commendations of skill or experience from peers, associations, or the government
  •  membership (or past membership) in professional associations in your field of work

For the EB-2 status visa, your family can also apply to travel with you as permanent residents with EB-2 status. Qualifying family are spouses and unmarried children under 18 years old.

For more information and help with getting a visa, contact immigration attorney Phillip Kim.

ByStaff
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The EB-1 Visa for Permanent Workers

The EB category of visas is intended for workers wanting permanent residence in the U.S. One preference category of the EB visas is the EB-1 for applicants with extraordinary academic ability, outstanding professorial reputation, or managers and executives of multinational companies.

If you are applying for the EB-1 visa in the “extraordinary ability” category, it is not necessary to have a job offer in order to be granted your visa. However, you should have full documentation of your commendations in the arts, sciences, business or sports. In order to be eligible to get an EB-1 permanent visa with outstanding ability, you must meet at least 3 of the following criteria:

  • evidence of national or international prizes or awards
  • membership in selective or exclusive professional associations for highly qualified members
  • published material in relevant publications and well-known media
  • history or prospect of judging the work of others in your field
  • evidence of your major contributions to your field of work
  • commercial success or fame
  • history of a leading role in professional organizations
  • high salary or other significant compensation for your services in your field of work.
  • performance or participation in showcases or exhibitions

Applicants who have received a significant award, such as the Nobel Prize or Pulitzer, do not need to have meet the above criteria but must provide evidence of their winning.

Applicants applying for EB-1 preference visa for professors or researchers are required to have an offer of employment before applying for permission to immigrate with a work visa. The EB-1 for professors and researchers also requires at least 3 years of professional scholarly experience. In addition, applicants need to meet 2 of the following criteria in order to be eligible to apply:

  • receiving major prizes in the field of work
  • membership in professional associations requiring excellence and exclusivity
  • published materials by others about or in response to your work
  • authoring published works in the field
  • judging or commenting on (ex: working as a judging panelist) the work of others in the field.
  • evidence of significant contributions to your field

International executives or managers need to have been working their position for at least 3 years. In order to immigrate as a manager or executive, you need to have worked at the same company that will be employing you in the U.S. for at least the past year from abroad. You cannot have been working in that position in the U.S. prior to applying.

If you qualify for the EB-1 preference category for permanent work visas, you will need to file a petition for alien worker. If you are applying as an “extraordinary ability” applicant you can petition for your visa yourself. Professors, researchers, managers, and executives must have their U.S. based employer petition for their admittance on their behalf. This petition has a $580 filing fee and can be filed by sending your application to the U.S. Citizenship and Immigration Services lockbox in Dallas.

Once you file this petition and a visa becomes available to you, you can also file your petition for permanent residence. This form, called the “change of status” form, will update your visa to that of permanent resident and you can then get your green card.

For more information and help with getting a visa, contact immigration attorney Phillip Kim

ByStaff
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The Fiancée Visa Application Process and How to Get Your Green Card as a Former Fiancé(e) Non-immigrant

If you are the fiancé of a U.S. citizen, you can apply for a visa in order to travel to the U.S. and perform your marriage ceremony. After your 90-day fiancée visa expires and you are married to a U.S. citizen, you can apply for a change of status to become a permanent resident with a green card.

The application process has a few steps you can follow below:

1. The U.S. citizen partner should file a petition for fiancée non-immigrant. This form has a filing fee of $340 and will require you to submit documentation of your relationship with your partner, documentation of the petitioner’s citizenship status, family-based immigration forms, biographic information, and any past immigration history. Applicants who have petitioned for 2 or more K-1 visas in the past must file for a waiver in order to be eligible to apply for any additional fiancé visas. You should file this form with the U.S. Citizenship and Immigration Services lockbox in Dallas. Take care to address your application, completely fully and correctly, to the correct location. The fiancé visa application cannot be processed at local USCIS offices abroad or in the U.S. Failure to submit your petition to the correct destination may result in a long delay in your review process.

2. After your fiancé visa is approved, travel to the U.S. and perform your marriage ceremony as soon as possible to avoid violating any immigration laws. Your fiancé visa is only active for a duration of 90 days. After this period the visa will expire and you will be required to depart the U.S. if you are still unmarried. If you remain present in the U.S. on an expired visa you may prompt removal or deportation proceedings which can negatively affect your chances to immigrate in the future.

3. After travelling to the U.S., the immigrant party is eligible to apply for employment authorization. The citizen partner does not need to petition for employment authorization on behalf of the immigrant. If you have K-1 non-immigrant status and want to work, you can file this form with USCIS. There is a filing fee of $380.

4. After you and your spouse are married, the immigrant spouse can file for a change of status to conditional permanent resident. In order to be granted resident status there must be a visa readily available to you. At first, your green card will be on a conditional basis, which means it does have an expiration date. You should file separately for your immigrant children. Each application for change of status has a filing fee of $985. After your petition for residence in approved, you can live legally in the U.S.

5. You can file a waiver to have the conditions taken off of your green card and have your permanent resident status instated. If you do not choose to waive the conditions to your residence, it may expire or be limited. While living on a conditional green card, you should look into immigration law to ensure you do not violate the conditions of your residence. Any conditional resident children can be included on the main applicant’s waiver for unconditional residence.

For more information and help with getting a visa or green card, 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

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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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