Tag Archive United States

ByStaff

The H-1B Visa: Are You Eligible?

Certain jobs are eligible for a temporary visa. The H1-B visa limits your stay in the U.S. to 3 years. If you are looking to stay in the U.S. for work long term, you should look into a visa that will transition into a green card for permanent residence. For temporary work, you might be eligible for the H1-B visa.

The H1-B has 2 levels of eligibility, some for the prospective job and others for you, the prospective worker. The job must require at least a bachelor’s degree. If the job does not require a BA or above, it should usually require a degree or entail specialized skills associated with a degree. To qualify to accept an eligible job and receive a visa to work, you should have education or training relevant to the job, a college education, or the foreign equivalent to a degree. You should also have an unrestricted license in your home country.

The H1-B visa is also meant to include researchers or development workers entering to work on a project with the U.S. Department of the Defense. Under this category, your employer does not need to apply for your visa.

Fashion models are also eligible for the H1-B visa if he or she is considered well known or highly regarded in the field.

To apply for the H1-B visa, your employer will need to apply for your certification and petition for your visa. Then, you should apply for your temporary work visa. If you are not living in the U.S., you can apply for your visa with the U.S. Department of State or with your U.S. Embassy.

There is a limit to the number of work visas given every year, so you are not guaranteed a workers visa. There may also be a waiting period for your visa to be approved even after your application has been accepted. This could mean that you will be guaranteed a visa but have to wait before there is one available for your travel.

For more help about getting a visa, contact immigration attorney Phillip Kim

ByStaff

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.

ByImmigration News

Reform efforts put immigration laws under scrutiny

The field of immigration and nationality law is facing rapid changes as immigration reform continues to grow as a major issue in the United States.

ByImmigration News

Protesters who were juvenile Illegal Immigrants lobby for law change

MORRISTOWN — They came to the United States as infants or young children when their parents entered the county illegally. They went to American public schools and now want to complete their education.

ByPhillip Kim

Change My Nonimmigrant Status by Immigration Attorney in Fresno

If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

Until you receive approval , do not assume the status has been approved, and do not change your activity in the United States. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States. Your authorized status and the date your status expires , Arrival-Departure Record.

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category ) and you wish to remain in the United States for pleasure before your authorized stay expires.

You do not need to apply to change your nonimmigrant status if you wish to attend school in the United States, and you are the spouse or child of someone who is currently in the United States in any of the following nonimmigrant visa categories:

Diplomatic and other government officials, and employees (A visa category)
International trade and investors (E visa )
Representatives to international organizations and their employees (G visa )
Temporary workers (H visa)
Representatives of foreign media (I visa)
Exchange visitors (J visa)
Intracompany transferees (L visa)
Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).
You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

Visa Waiver Program· Crew member (D nonimmigrant visa)
In transit through the United States (C nonimmigrant visa)
In transit through the United States without a visa (TWOV)
Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
If you are a vocational student (M-1), you may not apply to change your status to a(n):

Academic student (F-1)
Any H status (Temporary worker), if the training you received as a vocational student in the United States provided the qualifications for the temporary worker position you seek.
If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:

You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.
You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.
If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa)
For information on how to apply, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByImmigration News

Did Health Care Doom Immigration Reform?

Many say Arizona’s stringent new law demands immigration reform from Washington. But Congress may not be ready for another political showdown so soon after health-care reform. United States – Washington – Health care – Politics – Arizona

ByImmigration News

DOJ Challenges Sex Offender’s Effort to Renounce Citizenship

James Kaufman, a registered sex offender who is locked up in state prison in Wisconsin, has been trying for six years to renounce his citizenship, arguing that he is entitled to do so inside the United States during a state of war. But the Justice Department has fought Kaufman’s effort to shed his citizenship while still in the country. And now that fight has gone to the D.C. Circuit, where the …

ByPhillip Kim

Are you eligible to apply for naturalization?

Before you apply for naturalization, you must meet a few requirements.
Depending on your situation, there are different requirements that may apply to you.
However, generally, an applicant for naturalization must:

• Be a lawful permanent resident (have a “green card”).
• Demonstrate continuous permanent residence in the United States for at least 5 years.
(In some cases, this may be 3 years if you are married to a U.S. citizen.)
• Show that you have been physically present in the United States for 30 months.
(In some cases, this may be 18 months if you are married to a U.S. citizen.)
• Show that you have lived for at least 3 months in the state or USCIS district where you claim residence.
Before applying for naturalization please keep in mind that if you have a parent that was a U.S. citizen, either by birth or naturalization, before you turned 18 years old, you may have a claim to citizenship.
These are general guidelines that do not apply to every applicant. For more information on these requirements, please visit :
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Do you support the principles and ideals of the U.S. Constitution and
are you willing to swear an oath to the United States?

You must be willing to support and defend the United States and its Constitution.
You declare your “attachment” or loyalty to the United States and the Constitution when you take the Oath of Allegiance at your naturalization ceremony.
You become a U.S. citizen after you take the Oath of Allegiance.

Are you a man between the ages of 18 and 26?

If you are a man between the ages of 18 and 26, you must register for the Selective Service and provide proof of your registration to USCIS. If you are 26 or older but under the age of 31, you must provide proof that you registered with the Selective Service when you were required to do so.
If you were required to register and did not, you must bring to your interview both a written statement explaining why you did not register and a letter from the Selective Service System indicating your status. For more information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Have you ever been married, divorced, widowed, or had your name legally changed?

If yes, bring a copy of your marriage certificate, your divorce or annulment decree, or the death certificate of your former spouse. If you changed your name through a court, bring a copy of the court decree that legally changed your name. Also, if your current spouse was married before, bring evidence of the termination of your spouse’s prior marriage(s). Failing to show proof of your current marital status or legal name may delay your case.

This fact sheet attempts to simplify the naturalization eligibility requirements and list of documents that can be asked for during the naturalization interview. This fact sheet references the most commonly used documents, but is not an all-inclusive list. A USCIS Officer may ask for additional information and documents
that are not included in this fact sheet. For additional information on applying for naturalization, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Visit the U.S. by Immigration Attorney in Fresno

There are two types of nonimmigrant visas available for people
who want to visit the United States.

Visitor for business (B-1)
Visitor for pleasure (B-2)
The B-1 visa is for individuals who wish to visit the United States
temporarily for business purposes, (e.g. conferences)
or for medical treatment,
or to accompany a family member who is requires medical treatment.

The B-2 visa is for individuals who wish to visit the United States temporarily
or to visit family or friends.

If you are planning to visit the United States,
you should be prepared to demonstrate the following:

Your visit will be temporary
You will depart at the end of your authorized stay or any extension granted
You are in possession of a valid passport
You maintain a foreign residence that you have no intention of abandoning
You are able to support yourself financially while in the United States
You are admissible to the United States or have obtained a waiver for any ground of inadmissibility.
For more information on this topic, Please Contact:
Fresno Immigration Attorney

Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Generally, if you want to visit the United States
you must first obtain a nonimmigrant visitor visa.
Travelers from certain countries may be exempt from this requirement.
For more information about visa requirements and procedures, Please Contact:

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

If you want to travel to the United States for reasons other than business or pleasure, you must apply

for a visa in the appropriate category. This includes if you want to study, work as a crew member or

journalist, etc., You can get help determining which visa you need by selecting the appropriate

categories in the “Where to Start” menu on our home page

Passing through a U.S. Port of Entry

You should be aware that a visa does not guarantee admission into the United States. may deny your

admission, and also limit the period of time you are authorized to remain in the United States.
For more information about the requirements for visiting
the United States, 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/