Immigrant Visa Archives - Fresno Immigration Attorney

adjustment, Immigrant Visa, immigration attorney, Visa Bulletin

USCIS released earlier dates on Visa Bulletin- when to file for IV or AOS

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

October 2015
Dates for Filing Family-Sponsored Adjustment of Status Applications
Family-Sponsored All Chargeability Areas Except Those Listed
CHINA INDIA MEXICO PHILIPPINES
F1 01MAY09 01MAY09 01MAY09 01JUL95 01SEP05
F2A 01MAR15 01MAR15 01MAR15 01MAR15 01MAR15
F2B 01JUL10 01JUL10 01JUL10 01JAN96 01JAN05
F3 01APR05 01APR05 01APR05 01OCT96 01AUG95
F4 01FEB04 01FEB04 01FEB04 01MAY98 01JAN93

Dates for Filing Employment-Based Adjustment of Status Applications
Employment-Based All Chargeability Areas Except Those Listed
CHINA INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01MAY14 01JUL11 C C
3rd 01SEP15 01OCT13 01JUL05 01SEP15 01JAN15
Other Workers 01SEP15 01JAN07 01JUL05 01SEP15 01JAN15
4th C C C C C
Relig C C C C C
5th C 01MAY15 C C C

What is Changing:

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

Application Final Action Dates (dates when visas may finally be issued); and
Dates for Filing Applications (earliest dates when applicants may be able to apply).

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

Documentarily qualified visa applicants reported by DOS;
Pending adjustment of status applications reported by USCIS; and
Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.

ByPhillip Kim

Employment-Based Immigration: Third Preference EB-3 by Immigration Attorney in Fresno

Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

● “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
● “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
● The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

■ Eligibility Criteria
◆ Sub-categories : Skilled Workers
Evidence : ⊙ You must be able to demonstrate at least 2 years of job experience or training ⊙ You must be performing work for which qualified workers are not available in the United States
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Professionals
Evidence : ⊙ You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
⊙ You must be performing work for which qualified workers are not available in the United States
⊙ Education and experience may not be substituted for a baccalaureate degree
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Unskilled Workers (Other Workers)
Evidence : You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
Certification : Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Application Process

Your employer (petitioner) must file , Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

For more information on filing fees, Please Call:(559) 761-9742

Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in the file (spouse of a “skilled worker” or “professional”) or the file (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document . Your minor children (under the age of 18) may be admitted as the file (child of a “skilled worker” or “professional”) or the file (child of an “other worker”).
For More Information, Please Call :
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Permanent Workers by Immigration Attorney in Fresno

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States.
The five employment-based immigrant visa preferences (categories) are listed below.

Labor Certification

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S.

Department of Labor (DOL). The DOL labor certification verifies the following:

● There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
● Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
For more information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Permanent Worker Visa Preference Categories

● First Preference EB-1
This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. /Labor Certification Required? No

● Second Preference EB-2
This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
/Labor Certification Required?
Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)

● Third Preference EB-3
This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)/Labor Certification Required?
Yes

● Fourth Preference EB-4
This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens. /Labor Certification Required? No

● Fifth Preference EB-5
This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. /Labor Certification Required? No

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

ByPhillip Kim

To Reapply for Admission into the U.S After Deportation by Immigration Attorney in Fresno.

Purpose of Form :
For persons who wish to enter the United States legally after being deported, being removed or

having voluntarily departed the United States without an order of deportation to reapply for

admission to the United States, if they meet certain qualifications.

If you are abroad, and intend to apply for an immigrant visa, submit this form to the Local Office in

which your deportation proceedings were held. If you are concurrently applying for a waiver of

grounds of excludability, file this application with the American Consul with whom you are filing your

application for waiver.

If you are abroad and intend to apply for a nonimmigrant visa or border crossing card, submit this

application to the American Consul with whom you submit your visa or crossing card application, if

instructed to do so by the Consul.

If you are at a U.S. port of entry, applying for admission to the United States, submit this application

to the Local Office having jurisdiction over that port.

If you are in the United States and will file an application for waiver with an American consul, file

this application and the waiver application with the American consul.

If you are in the United States and are applying for adjustment of status or are seeking advance

permission to reapply prior to your departure from the U.S., submit the application to the Local

Office having jurisdiction over the place where you reside. For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

USCIS’ Role in the Visa Process by Immigration Attorney in Fresno

Citizenship and Immigration Services (USCIS) in the visa process, particularly USCIS

and Department of State (DOS) efforts to maximize visa issuance in accordance with

the law.

In recent years, over 1 million people became Lawful Permanent Residents of the

United States (LPRs). Under the law there are a variety of different categories and

means through which a person may become eligible for permanent residence. A

substantial number of these categories have numerical limitations – annual caps on

how many people can immigrate. There are other aspects to these caps as well,

such as limitations per country.

The Department of State administers the provisions of the Immigration and

Nationality Act (INA) that relate to the numerical limits on immigrant visa issuance.

However, DOS and USCIS must work closely in this respect because visas issued by

DOS and adjustment of status granted by USCIS draw down from the same pool of

limited numbers. Close and careful coordination ensures that annual limitations are

not exceeded, and also helps us jointly strive to use all available visa numbers when

there is sufficient demand.

In concert with DOS, USCIS has made significant changes in recent years to

maximize the use of the limited number of visas available annually. These changes

include increased staffing, enhanced analytical capacity, more detailed and strategic

management of monthly production, and close partnership with DOS to share greater

information. This enhanced information exchange assists DOS in better managing visa

allocations through the monthly visa bulletin and improves USCIS’ ability to target

production for maximum result.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

New Search Results, from Technorati and Ingboo

Technorati and Ingboo have partnered together to provide an all new kind of subscription experience for Technorati content, including search results. Look for a blue Ingboo icon for a full range of subscription options.

Feeds are also available for:

Hottest Blogosphere Posts

Latest Original Articles from Technorati

The Technorati Blog

We also have channel feeds, writer feeds, and tag feeds, which can be found on their respective pages.

ByPhillip Kim

How to Apply for a K-1 Fiance Visa Immigration Attorney Fresno Green Card Lawyer

Spouse and Fiance(e) of an American Citizen

Spouse – If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

Immigrant visa for a Spouse of a U.S. Citizen – An immigrant Petition for Alien Relative is required.

Nonimmigrant visa for spouse (K-3) – It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

Petition for Alien Relative and
Petition for Alien Fiancé (e)

Fiancé(e) – If you are an American citizen, you may bring your fiancé(e) to the United States to marry; and live here.

Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. fiancé(e) petition is required.

For More information, Please contact

Immigration Law Offices of Phillip Kim, Inc.
8050 North Palm, Suite 300 (Palm & Nees)
Fresno, CA 93711

Phone:
(559) 761-9742

https://phillipkimlaw.com/

ByPhillip Kim

How to Apply for a K-1 Fiance Visa in Fresno Immigration Attorney Fresno Green Card Lawyer

Spouse and Fiance(e) of an American Citizen

Spouse – If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

Immigrant visa for a Spouse of a U.S. Citizen – An immigrant Petition for Alien Relative is required.

Petition for Alien Relative and
Petition for Alien Fiancé (e)

Fiancé(e) – If you are an American citizen, you may bring your fiancé(e) to the United States to marry; and live here.

Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. fiancé(e) petition is required.

For More information, Please contact

Immigration Law Offices of Phillip Kim, Inc.
8050 North Palm, Suite 300 (Palm & Nees)
Fresno, CA 93711

Phone:
(559) 761-9742

https://phillipkimlaw.com/

ByPhillip Kim

Green Card Process and Permanent Resident Card Application Procedure

Immigrants in most categories will need an immigrant petition, Petition for Alien Relative, Form I-140, Immigrant Petition for Alien Worker, Petition for Amerasian, Widow(er), or Special Immigrant, or another petition) filed on their behalf.

A petition establishes the underlying basis for your ability to immigrate and determines your immigrant classification or category. Some categories of immigrants may be able to self-petition. Most people immigrating based on humanitarian programs are exempt from the petition requirement.

Some immigrant petitions can be filed at the same time as the adjustment application (Application to Register Permanent Residence or Adjust Status), known as “concurrent filing” while other categories of immigrants will be required to wait until they have an approved petition before being allowed to apply for adjustment of status or an immigrant visa. For more information about concurrent filing, Click HERE.

Visa Availability

A visa is always available for immediate relatives of U.S. citizens. If you are in a family or employment based preference category, visa availability is determined by:
Your priority date
The preference category you are immigrating under
The country the visa will be charged to (usually your country of citizenship)

The Department of State is the government agency that controls visa numbers. The annual limits for visa numbers are established by Congress and can be referenced in the Immigration and Nationality Act (INA).

First, a priority date will be assigned to you based on your immigrant petition filing date (the date that the petition is properly filed with the Gov.) or, in certain employment-based cases, the date the application for a labor certification was accepted by the Department of Labor. Your priority date holds your place in line for an immigrant visa.

This date, along with your country of nationality and preference category, determines if or how long a person will have to wait for a visa to be immediately available. When the officials are ready to approve an applicant for permanent residency in a visa category that has limited numbers, we must first request a visa number from the Department of State.

When a visa is available, you may file Application to Register Permanent Residence or Adjust Status (if you are in the United States) or apply for an immigrant visa abroad (consular processing). If you are consular processing, the Gov. will forward your approved petition to the Department of State’s National Visa Center who will contact you when your priority date is about to become current as to what your next steps are and when you may apply for an immigrant visa abroad.

For more information on determining visa availability or filing abroad, see the “Visa Availability & Priority Dates” and “Consular Processing” links to the left.

Admissibility to the United States

All persons applying for an immigrant visa or adjustment of status must prove to the satisfaction of immigration or consular officials that they are admissible (eligible for admission) to the United States.

There are many grounds of inadmissibility that could potentially cause someone to be ineligible to become a permanent resident. For instance, there are health-related, criminal, security-related, and other grounds the office must consider.

In some cases and in certain situations, if you are found inadmissible to the United States you may be eligible to file a waiver on Application for Waiver of Ground of Inadmissibility, (the form required for most immigrants) or Application By Refugee For Waiver of Grounds of Excludability (the form required for refugees and asylees) to excuse your inadmissibility.

The grounds of inadmissibility that are determined by the particular category under which you are immigrating. If you are ultimately found inadmissible to the United States, your adjustment of status application or immigrant visa application will be denied. Congress has set the grounds of inadmissibility and they may be referenced in Section 212 of the Immigration and Nationality Act.

After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by the Government.

For more information, CALL (559) 761-9742 or Click HERE.

Email

"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.

"We are glad that we hired Attorney Phillip Kim for our Green Card processing. It was such a smooth process and took only three months! I highly recommend Kim & Wong Law Group. If you have any questions about Mr. Kim's work, feel free to call my cell. # (559) 708-0228"Lily and Adam Chan from Central Valley, 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.

“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"

Fresno Immigration Attorney

Tag Archive Immigrant Visa

USCIS released earlier dates on Visa Bulletin- when to file for IV or AOS

Employment-Based Immigration: Third Preference EB-3 by Immigration Attorney in Fresno

Permanent Workers by Immigration Attorney in Fresno

To Reapply for Admission into the U.S After Deportation by Immigration Attorney in Fresno.

USCIS’ Role in the Visa Process by Immigration Attorney in Fresno

Green Card Eligibility by Immigration Attorney in Fresno

New Search Results, from Technorati and Ingboo

How to Apply for a K-1 Fiance Visa Immigration Attorney Fresno Green Card Lawyer

How to Apply for a K-1 Fiance Visa in Fresno Immigration Attorney Fresno Green Card Lawyer

Green Card Process and Permanent Resident Card Application Procedure

Need Help?

Get the Latest News

Testimonials

Need Help?

Get the Latest News

Testimonials