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ByPhillip Kim
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Same Sex Couples May Receive Immigration Benefits

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Secretary of Homeland Security Janet Napolitano addresses that the Supreme Court will ensure implementation of the ruling on the Defense of Marriage Act (DOMA), which grants same-sex couples equality of legal benefits. President Obama has taken measures to eliminate discrimination so that same-sex couples receive the same consideration as opposite-sex couples when filing for a visa petition. This change is effective immediately for the U.S. Citizenship and Immigration Services to follow. Couples are eligible to apply even if they currently live in a state that does not allow same-sex marriages, in which case, USCIS will consider the law of the state of residence in addition to the law of the state of celebration of the marriage.

ByPhillip Kim
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Naturalization Test: What Happens After

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So you’ve applied for naturalization, gone to the interview, and passed all exams and requirements. What happens after? After the USCIS approves your naturalization, you will be required to attend a naturalization ceremony and take the Oath of Allegiance at your scheduled time and location.

At the ceremony, you will be required to return your permanent resident card at check-in. You will then be directed to take the Oath of Allegiance and be given your Certificate of Naturalization. Make sure all the information on the certificate is accurate before leaving the ceremony.

Now that you are a U.S. citizen, you are advised to apply for a United States passport immediately. This is because a passport is an official proof of your citizenship in the United States. You should also update your Social Security information 10 days after your naturalization ceremony.

ByPhillip Kim
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Immigration Reform Gets Delayed

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It appears that the passage of President Obama’s new immigration reform bill will be delayed once again. The president wanted the decision to be made in August, but House Republicans have not yet reached an agreement regarding their piecemeal approach. President Obama agrees that America needs to make a decision on the immigration issue once and for all—we cannot afford putting it off again.

The immigration reform bill was designed to strengthen border security, provide a pathway for citizenship, expand programs for skilled workers, and set up guest worker permits. Republicans, however, are hesitant on the part of the bill that includes citizenship for the 11 million undocumented citizens. Instead, they want to focus on the Dream Act for legalization of those who were brought into the United States illegally as children. The chances of reaching an agreement by the August deadline are slim, but Republicans will have to come to an agreement sooner or later.

ByPhillip Kim
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Tips for Passing the Naturalization Test

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Part of the process of becoming a U.S. citizen is passing the naturalization test which will be administered at your naturalization interview. You will be tested on the components English and Civics, although you may be eligible for an exemption or waiver. Be prepared to answer questions about your background and know your application front to back.

At your interview, you will be asked 10 questions out of the prepared list of 100 questions in English, and you must be able to answer six out of the 10 correctly to pass the civics portion of the test. You may be qualified to take the civics test in the language of your choice if you meet specific requirements.

The English part of the test incorporates reading, writing, and speaking. You must be able to write one out of the three sentences correctly, and the USCIS will determine your English proficiency based on your applications.

Repetition, interaction, and practice are keys to performing well on Civics and English. You will be given two chances to take the naturalization test and must be retested within 60 – 90 days of your first examination. To ensure success, it is important to familiarize yourself with the test and prepare with a qualified immigration attorney.

ByPhillip Kim
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Obama to Appear on Spanish TV for Immigration Reform

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There are four television interviews scheduled for Spanish television networks this week by President Obama to discuss the matters of immigration reform. He will be using the Spanish network as a platform to stress the importance of passing the immigration reform bill by discussing its benefits to our nation’s economy.

The Congressional Budget Office and President Obama agree that the immigration reform bill will help reduce the nation’s deficits and improve the economy. By appearing on Spanish television, he hopes to gain support of the Hispanic population and push Republicans to come on board as well. Republican John McCain defends Obama and says he believes the president would be willing to work with Republicans to reach a compromise.

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

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

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

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

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

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

ByPhillip Kim
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Supreme Court Implements Ruling on Defense of Marriage Act

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

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

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

Visa Description

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

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

Established after Nov. 29, 1990, or

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

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

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

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

Job Creation Requirements

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

Create or preserve either direct or indirect jobs:

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

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

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

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

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

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

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

Capital Investment Requirements

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

Note: Investment capital cannot be borrowed.

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

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

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

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

Employment-Based Immigration: First Preference EB-1

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

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

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

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

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

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

* Criteria for Demonstrating Extraordinary Ability

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

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

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

ByPhillip Kim
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Facing Deportation and Removal—What You Can Do

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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.

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"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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