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Archive for the ‘Immigration Law’ Category
by Arif Hussain
If you are serious to try your luck with immigration to USA, UK OR any other 1st world countries, spend some time to develop your workable immigration plan. Your time spent on research will not go waste. You must exactly know what to do and How to do it.
Your first step is to define your Immigration Aim clearly.
How to define your immigration aim is the core point on which your complete immigration plan will be evolving. Let us take few examples of Immigration Aims.
• I want to enter USA on Visit Visa and develop my company Business.
• My aim is to get F-1 Student Visa for my post graduate study program.
• I must get a cheep study program like ESL for my F-1 Visa.
• My fiancé(e) should sponsor me for K-1 Visa.
• My Citizen spouse can file my immigrant visa and K-3 visa simultaneously.
• My company should file L-1 Visa petition for me.
• I am eligible for E-1 / E-2 Treaty Visas.
• I must search a Religious Visa sponsor for me.
• I can join a cultural / Musical group for my Q-Visa.
• Should I join Student exchange program for J-Visa.
These are few examples of simple Aims for your Immigration Plan. After selecting your simple Aim, you can start researching Visa requirements, procedural steps, Forms and Fees and immigration documents required for your selected immigration Aim. Remember that you must have only one immigration aim. Do not try to sail in two boats. You will get confused. One single and simple Immigration aim will allow you to develop a workable clear immigration plan. You must spend more time to decide upon your immigration aim according to your prevalent situation. But avoid having double aims. Only double minded people have double immigration aims. They get lost in the long run. They can not plan in advance their immigration steps.
We have seen many immigrants with simple and single immigration aim have mostly succeeded in achieving their immigration objectives. Even such immigrants who had planed to file an Asylum application after entering USA and followed their Asylum immigration plan without wasting time were more confident in their Asylum interview as compared to those immigrants who had Asylum as a second option.
Because second option Asylum applicants keep on waiting long for filing their Asylum application. They will first apply for their existing visa extension and when Visa extension will be denied by immigration officer then they will apply for Asylum.
Such double minded people are deducted by immigration officers from the database. So their Asylum application is likely to be disapproved by immigration officer. Because interviewing immigration officer will form his opinion that the Asylum application is an afterthought of refusal of the Visa extension application. Secondly you have already become out of status at the time after refusal of your Visa extension application.
(4 Comments )
By Arif Hussain
International Students Planning their immigration to study in USA, UK and other 1st world countries have to meet certain academic and financial criteria. Apart from being eligible to get admission in certain educational program on the basis of their qualification, grade and merits, an international student must display his financial strength to pay his Tuition and living expenses for at least first one year of his study program.
Many eligible and desirous students are unable to demonstrate their financial support to pay to the College / University approximately US$3600.00 which is normally the cost of tuition for their first semester. They do not have good Bank statements and there is no immediate relative to provide them affidavit of financial support. Hence their immigration desire on student Visa remains a dream.
I will narrate an immigration plan of a poor student from Egypt who I met in Los Angeles, California, USA in January 2005.
One of my friends introduced this young tall boy of about 23 years age, saying that Mr. Sam has arrived in USA in December 2004 on a student Visa to study English As a Second Language for one year. He needs some guidance to achieve his immigration objectives in USA. I asked Mr. Sam to briefly explain his study plan and his immigration objectives to me.
He started speaking English in a very poor accent. He told me that he had very little money in Egypt and he is only a High School graduate. This means that he had gone to school for only 12 years. But he was very serious about learning English and speaking with pure American accent fluently. He wanted to know the business culture, society and relationship building with American business communities. Then he wants to go back to his country and operate a Home based Call center for Telemarketing in USA. He wanted to achieve his immigration objectives during his legal authorized stay period of one year in USA.
He told me with a broad smile that his total expenses of Course admission and F-1 student Visa cost was just US$950.00. He arranged for this money to be paid for by his uncle who also provided an affidavit of support for US$9000.00. Before he applied to immigration officer for student Visa, he traveled to a neighboring country to enhance the value of his passport. He said that Blank passports do not impress the interviewing immigration officer at the US embassy.
During his conversation I noticed that he had planed his immigration activities with lot of care and research. He analysis the situation intelligently. He is accurate in defining his immigration targets. He knows what he can do. He planed a limited immigration goal. His first semester tuition fee was just US$450.00, which was within his resources.
His arrival cost in USA on student immigration Visa was just US$950.00 only. He intends to go back home within legal stay period of his immigration student Visa. If we analysis his immigration Aim, we can learn that simple and practical thought process can make your plan workable. You do not have to be ambitious while developing your immigration plan.
I made a guideline plan for him to learn and adjust in business culture of corporate America So that he can develop a good call center with lot of success in Telemarketing for his USA clients. I remember this young man left USA in December 2005. He was speaking English in fluent American accent and had developed deep business relationship with many ready clients who trusted him and were willing to outsource their Telemarketing project to his call center in Egypt.
A poor student had achieved his immigration objectives with hard work and intelligent planning. Those international students who have meager financial resources can follow such Immigration Plans to achieve success in life. Telemarketing projects require understanding of your client business psychology and speaking English in fluent American accent. You can learn both these requirements during your student immigration stay on an ESL course in USA. You may also develop good personal relationship with your potential Telemarketing customers during your stay in USA. Your large friendship circle with American students will also help you in future Life.
Build your huge assets with good human interpersonal friendly relationship; you will never be poor in Life. Plan your immigration within your resources, you will be always successful. Do what you can easily perform. There is no shortcut to research and hard work. Good Luck to all International Students.
Copy of INS Memorandum on DNA Testing to Establish Family Relationships
posted by admin @ 2:33 PM
Wednesday, September 30, 2009
July 14, 2000
U.S. Department of Justice
Immigration and Naturalization Service
425 I Street NW
Washington, DC 20536
HQADN 70/11
MEMORANDUM FOR:
ALL REGIONAL DIRECTORS,
ALL DISTRICT DIRECTORS (INCLUDING FOREIGN),
ALL OFFICERS IN CHARGE (INCLUDING FOREIGN),
ALL SERVICE CENTER DIRECTORS,
FLETC,
ARTE A
FROM:
Michael D. Cronin
Acting Executive Associate Commissioner
Office of Programs
SUBJECT: Guidance on Parentage Testing for Family-Based Immigrant Visa Petitions
The purpose of this memorandum is to provide guidance to Immigration and Naturalization Service (INS) field offices on parentage testing to establish a claimed relationship for benefits under the Immigration and Nationality Act. Such testing may be appropriate to establish a parental relationship in support of a petition for a child, son, or daughter (Form I-130). The procedures discussed in this memorandum may also apply to establishing the biological parent of a foreign-born adopted child to support an orphan petition (Form I-600) or to establishing a parental relationship for citizenship cases (Form N-600). In addition, these procedures may be used to establish a parental relationship for refugee and asylum relative petitions (Form I-730). This memorandum has the concurrence of the Office of Policy and Planning and the Office of the General Counsel.
Authority to Require Parentage Testing
A petitioner must establish eligibility for a requested immigration benefit. An application or petition must be filed with any initial evidence required by regulation or by the form instructions. Any evidence submitted is considered part of the relating petition or application and may establish eligibility. 8 CFR 103.2(b)(1).
In the case of a petition for a child, son, or daughter, the petitioner must provide evidence of the claimed relationship. 8 CFR 204.2(d)(2). The initial evidence for a child, son, or daughter includes a birth certificate. When a birth certificate is unavailable, the petitioner must demonstrate that it is not available and submit secondary evidence, such as a baptismal certificate, or church or school records. If the petitioner demonstrates that both initial and secondary evidence is unavailable, two or more affidavits may be substituted. However, the unavailability of a birth certificate creates a presumption of ineligibility for the benefit, and any alternative evidence submitted must be evaluated for its authenticity and credibility. 8 CFR 103.2(b)(2)(i) and 204.2(d)(2)(v).
A director may also require that Blood Group Antigen or Human Leukocyte Antigen (HLA) blood parentage testing be conducted on the child, son, or daughter and putative mother and father to establish eligibility for a benefit. 8 CFR 204.2(d)(2)(vi). Statistical analysis of these tests provides a likelihood of parentage. These test results will often establish or disprove the claimed parental relationship. Since blood parentage testing can be a valuable tool to verify a relationship, it may generally be required when initial and secondary forms of evidence have proven insufficient to prove a claimed relationship. As a result of technological advances, field offices should be aware that Blood Group Antigen and HLA tests are no longer widely available for testing by laboratories, and are not considered to be as reliable as DNA tests.
Although a director may require blood parentage testing, he or she has no statutory or regulatory authority to require DNA testing. However, when initial and secondary forms of evidence have proven inconclusive and blood parentage testing does not clearly establish the claimed parental relationship, field offices may have no alternative to suggesting DNA testing as a means of establishing the relationship. The petitioner has the burden of proof when the evidence submitted has not satisfied his evidentiary threshold and the INS would otherwise deny the petition without more conclusive evidence such as that which DNA testing could provide. In such cases, field offices should inform the petitioner that: 1) DNA testing is absolutely voluntary; 2) the costs of DNA testing and related expenses (such as doctor’s fees and the cost of transmitting testing materials and blood samples) must be borne exclusively by the petitioner; and 3) submitting to DNA testing is in no way a guarantee of the approval of the petition.
Field offices should keep in mind that no parentage testing, including DNA testing, is 100 percent conclusive. Therefore, due to the expense, complexity and logistical problems and sensitivity inherent in parentage testing, offices should be extremely cautious when requiring blood testing or suggesting DNA testing as a means of establishing a claimed parental relationship.
While blood testing is not and should not be a routine part of the adjudications process, it can be an extremely valuable tool in cases when it otherwise would be impossible to verify a relationship. Parentage blood tests involve laboratory procedures performed on blood samples or other genetic material obtained from the child and putative parent or parents. The statistical analysis of the blood test provides a likelihood of parentage if the putative parent is not excluded. The likelihood of parentage is greater with increased information. Increasing the number of genetic testing systems tested provides stronger results, while the absence of information diminishes the strength of results. Officers should be aware that parentage testing is an extremely fact-driven procedure. A laboratory may more accurately determine what tests to run based on specific facts. A more accurate answer will be provided by the laboratory if the Officer provides the laboratory with suspicions of fraud or other pertinent facts.
Minimum Standards
Parties tested: The most accurate results are received when the alleged mother, father and child available for testing. However, testing of only the mother and child or father and child are also acceptable.
Statistical probability: All tests must produce a 99.5% statistical probability for the conclusion of results to establish parentage. Laboratories can continue with a battery of tests until a 99.5% conclusion of parentage is established. After testing the samples from all parties, laboratories will produce a conclusion of parentage which will inform field offices which tests were administered and the conclusion for the results they obtained.
Preferred test: The preferred test is the Polymerase Chain Reaction (PCR) test drawn with a buccal swab or a PCR test based on a blood sample.
Please see below for a more detailed explanation of the parentage testing process and procedures.
Blood Testing
Blood consists of red and white blood cells, platelets and liquid plasma. Each component of the blood contains several antigens or “markers.” The blood group antigens are structures on the surface of the blood cells that help to distinguish individuals within a population. The antigens, inherited from the parents, are controlled by genes on a pair of chromosomes. Each parent contributes one of each chromosome pair carrying the genes that determine the detectable properties of an offspring’s blood. The presence of a specific antigen indicates a particular genetic composition or marker. Conclusions in parentage blood testing are based upon the principle that the child inherits genetic markers in his or her blood from each of his or her biological parents.
Conventional Blood Tests
There are four basic tests used in conventional blood testing: 1) basic red cell antigens (ABO, MN, CcDEe); 2) extended red cell antigens; 3) white cell antigens (HLA); 4) and red cell enzymes and serum proteins. The laboratory begins by conducting the first test. If parentage cannot be ruled out based on the results of the first test, the laboratory will conduct the second test. The process continues until either the putative parent can be entirely excluded or a good statistical probability is established that the relationship is bona fide.
DNA Testing
DNA (deoxyribonucleic acid) parentage testing provides an alternative to more conventional parentage blood testing methods. DNA testing can be especially useful in countries with limited medical and transportation facilities because, unlike HLA testing, it does not require the use of live human blood cells, which must be tested within just a few days, and are sometimes difficult to obtain. DNA parentage testing can often provide conclusive results even when not all parties are available for testing.
Officers should be aware that parentage testing technology changes rapidly. Whereas HLA blood testing was widely used until 1994, it is now rarely used. Restriction Fragment Length Polymorphism (RFLP) tests which have been widely used since 1994 are now being phased out by laboratories in the U.S. The DNA test which is most recommended for use in parentage testing is the Polymerase Chain Reaction (PCR) test. Although DNA testing has traditionally been accomplished through blood testing, buccal (mouth or cheek cavity) swabs are an alternative to drawing blood for testing. Cells are drawn from the inside cheek using a long cotton swab. As opposed to blood testing, buccal swab testing does not require the assistance of a physician, and is non-invasive. Nevertheless, it is recommended that only a person specially trained to collect a tissue sampling perform the procedure in order to ensure the quantity is sufficient for testing.
Parentage Testing Procedures
The American Association of Blood Banks (AABB) accredits parentage-testing laboratories for a 2-year period.[1][1] The current list of AABB accredited parentage testing laboratories is attached to this memorandum. Offices may accept parentage-testing results only from laboratories on this list. The current AABB list does not include any laboratories located overseas, however, the AABB does expect to begin accreditation of laboratories located overseas soon. Therefore, foreign offices should not accept test results from local parentage testing laboratories until the local laboratory has received accreditation from the AABB. The burden of proof is on the petitioner to show that the laboratory chosen is accredited by the AABB.
When a field office requires blood testing or suggests DNA testing, it should provide the petitioner with the list of AABB accredited laboratories. Field offices should be aware that the state designations on the list are for laboratory headquarters. Many laboratories have collection sites in many different states and locations. The petitioner must select a laboratory, contact the laboratory directly, and make the necessary arrangements for conducting the tests. To assure the integrity of the test results, all stages of parentage testing must be conducted under appropriate safeguards. These safeguards must include strict controls concerning: 1) protection of the chain of custody of blood or tissue samples; 2) identification of the parties to be tested, generally by photographing individuals being tested; and 3) correct presentation of test results.
Communication should be directly between the laboratory and the civil surgeon or panel physician or the field office. Under no circumstances should a third party, including the individuals being tested, be permitted to carry or transport blood or tissue samples or test results. Since the applicant bears full financial responsibility for testing, the Service has no objection to that person receiving a copy of the test results from the laboratory or panel physician. It is imperative that the same facility test both the alleged child and the alleged parent(s). Where the petitioner is physically present in the U.S., a U.S.-based lab must conduct the tests and relay the results. Instructions usually require the participation of a witness, identification taken from all (adult) parties involved, and photographs taken of all parties.
Analysis of Test Results
In all cases of parentage testing, laboratories should provide the statistical probability for the conclusion for the results they obtain. Offices should use the following interpretations of the plausibility of parentage to analyze test results. In general, AABB standards mandate 99 percent to be the minimum requirement for the proof of parentage. However, this statement does not mean that all test results 99 percent and higher should be accepted as conclusive proof of parentage, or that all test results below 99 percent exclude parentage. The type of parentage test performed, the genetic profile of the local population, and facts specific to the case will all affect the percentage that an office should require to establish a parental relationship. Field offices should provide laboratories with non-genetic evidence which may affect the lab’s assumptions in performing the testing, analysis of the results or the number of genetic markers tested.
Plausibility of Parentage (Percent) and Interpretation
99.80% – 99.90%: Practically Proved
99.1% – 99.80%: Extremely Likely
95% – 99%: Very Likely
90% – 95%: Likely
80% – 90%: Undecided
Less than 80%: Not Useful
Please note that in societies where interfamily marriage is common, close relatives will share many genetic markers and the test results of an aunt, uncle, or grandparent of a beneficiary may appear to establish the claimed parental relationship. The statistics used in paternity testing are designed for evaluating an alleged father as compared to unrelated men. Unlike the random population where persons may share genetic markers by chance, related men will share genetic markers by descent. First degree relatives, such as father, brother or son, will share 50% of their genetic material on average. Therefore, directors should consult with local physicians and parentage testing laboratories, and consider local fraud patterns, to determine the appropriate tests and particular test results to reliably establish the parental relationship in questionable cases. Officers should ask labs to calculate both a father-child and uncle-child or sibling relationship in these cases and should examine reports provided by the laboratory to ensure that sufficient testing was done to distinguish between family members. Officers should feel free to contact the laboratory for clarification if the lab’s findings are inconclusive. Labs are able to conduct tests on additional genetic markers if necessary to resolve inconclusive cases.
[1][1] The accreditation standards were developed by the committee on parentage testing of the AABB under a grant from the Federal Office of Child Support Enforcement of the Department of Health and Human Services and with the assistance of special consultants and representatives from the American Bar Association, American Medical Association, American Society of Clinical Pathologists, American Society for Histocompatibility and Immunogenetics and the College of American Pathologists.
Department Of Homeland Security Immigration Fact Sheet Changes
posted by admin @ 9:54 PM
Monday, June 22, 2009
By Trbrian Jenkins
In August 2007, the White House released a fact sheet dealing with the Department of Homeland Security and immigration issues. The fact sheet detailed responses and activities by the Department of Homeland Security in the area improving border security and immigration within existing law. The report, titled “Improving Border Security and Immigration Within Existing Law”, detailed reforms and steps that Homeland Security would take to improve the security of the United States in the areas of Border Security, Interior Enforcement, Worksite Enforcement, the Guest Worker Program, improving immigration security, and Assimilation. Among the various tasks and improvements were a number of things that are important for employers and local emergency response agencies to know.
By Gary Wells
Hiring non-citizens at your place of business can be tricky. Some employers look for alien or immigrant employees to hire, thinking these workers will work more cheaply than U.S. citizens. Other bosses employ migrants in positions that are dangerous, without providing adequate protection or training. There are even some companies that overwork immigrant employees, especially those that don’t speak English very well, taking advantage of the people who depend on these companies to survive.
K3 Spouse Visa, Spouse-Based Immigrant Visa, And K1 Fiance Visa
posted by admin @ 9:35 PM
Monday, June 22, 2009
By David Davies
Should I apply for the K1 fiance visa or the spouse visa?
This depends on many factors. If time is your foremost consideration, the K1 visa is usually quicker – often taking 9 months or less for visa issuance. If time is not the foremost factor then the spouse visa is usually the preferred option. The spouse visa is an immigrant visa that allows the foreign national spouse to enter the U.S. as a newly arriving lawful permanent resident. This is noteworthy, because the K1 fiance visa does not provide for immediate permanent residency upon admission to the U.S.
Read more »
By Justin G. Randolph, Esq.
It’s pretty clear that the economy is bad with only a few holdouts are denying it at this point. So what to do when you are on an H1B visa and you get laid off? Well first of all don’t panic. You likely have a visa that lasts for years at this point so you are NOT accruing unlawful presence even though you ARE out of status. What in the world does that mean? Well, simply put too much unlawful presence means that you will not be allowed back into the US for many years. Specifically, 180 days to 365 days of unlawful presence means that you will be barred from the US for three years should you leave and attempt to return. Anything over a year results in a 10 year bar to reentry should you leave the United States.
By Justin G. Randolph, Esq.
The importance of seeking US citizenship…
If there is one thing I stress to my clients who have recently become lawful permanent residents it’s the importance of becoming a US Citizen if he or she intends to stay in the United States. I have received many calls from prospective clients who are long-time permanent residents that have gotten themselves into a bit of trouble and are at risk of being deported from the only home they have known for decades and separated from their children and spouses.
By Kip Goldhammer
Spouse immigration laws are always very stringent and are followed very strictly by all countries. Firstly, the documentation and other necessary certificates are checked very thoroughly for people coming into a country under the Spouse Immigration Law. If there are any inconsistencies in the documents, the individuals are immediately deported or denied entry into the country. Needless to say, such incidents are an everyday matter in cases where people from a poorer country are trying to get into a richer country, them commonly being the USA and Canada.
Fraudulent marriages are another way through which men and women get into a country easily under the Spouse Immigration Law. In such a case, men and women vouch for the foreigner as their fiance, husband or wife and help them enter into the country. Once the individual is inside the country, they wait for a proper span of time – say six months – and file for divorce or separation. In such a way, the person comes into the country under spouse immigration laws, but is soon a single person in due course of time.
Such fraudulent marriages are commonplace, with most of them being mere financial transactions, wherein the alien pays a certain amount of money to the citizen to get them into the country. Earlier, most of such interactions were carried out clandestinely and off-line. But today, more and more people are coming online to carry out these antics. The Internet is one of the freest media and the basic lack of security makes it a very good place to carry out such conversations and therefore, decisions.
There is almost no way that the authorities can find out whether a citizen and alien are getting together for a fraudulent marriage with spouse immigration laws in mind. More commonly, the US citizen vouches for the alien as being their fiance, and once again, there is almost now way for the authorities to know the truth until it is too late.
The again, the entire concept of fraudulent marriages for spouse immigration laws is very complex. There is no set modus operandi that the US citizen as well as the alien is hand-in-glove to carry out this scam. There are chances that the alien has hoodwinked the US citizen so that they can get into the country riding piggyback on the US citizen’s passport.
There are specific websites, blogs and message boards which cater to fraudulent marriages under the Spouse Immigration Act. Some individuals also quote a ‘going rate’ or ‘coming rate’ for the same.
Finally, it should be remembered that all such fraudulent acts are scrutinized quite thoroughly and in almost all cases, there are possibilities to get a judicial rap on the knuckles, which could be deportation to say the least, and often arrests and jail time are involved. Hence, it is advisable not to fall prey to such deals, and make use of genuine methods in acquiring passports and visas to other countries.
By Sumeetha Gowda
We would also like to take this opportunity to inform you of some changes and developments that occurred in 2007 in immigration, and remind you of what actions you may be eligible to take currently in your path towards American citizenship.
The Importance of Contacting your Representatives and Senators
There have been several important events or developments in 2007 that are worthy of comment and should be of interest to anyone who is or who may be affected by immigration laws. In 2007 we had a Comprehensive Immigration Reform bill (proposal) rejected by the Senate, new restrictive Labor Certification regulations enacted, and the US presidential candidates have all stated that immigration policies are an important issue which may result in some imminent changes. Political figures are extremely responsive to public opinion, and for this reason, it is important that we let the representatives, senators and all political candidates and office-holders in our regions know that we need positive changes to ease the difficulties that so many immigrants face in the United States today. The names and telephone numbers of the U.S. Senators can be found at the following locations: Senate Contact Information and the names of the congressman in your area are listed at this address: House Contact Information
Proposed Immigration Reform Law
On June 18, 2007 Senators Kennedy and McCain filed a bill in the US Senate that would have provided some relief to so many of the immigrants living in the US and to many of their family members abroad. The bill was rejected on June 28, 2007 by a vote of 46 (in favor / YES) to 53 (against / NO). Of the 46 senators that supported the bill 13 were Republicans and 33 were Democrats, and of the 53 senators that rejected the law 15 were Democrats and 38 were Republicans. The law would have included among its provisions the following:
· A nonimmigrant Z-visa category for illegal aliens (and their families) who have been continuously physically present in the United States since January 1, 2007, and are: (1) employed and seek to continue working or (2) studying
· Increased per-country-limits for family-based and employment-based immigrants and increased family-sponsored immigrant visas until backlogs are adjudicated
· A merit-based immigrant evaluation system
· Made the Conrad J-1 visa (foreign physicians in medically underserved areas) waiver program permanent
· Revised student visa provisions respecting: (1) off campus work; (2) distance learning; (3) dual intent; and (4) graduate students in mathematics, engineering, natural sciences, or information technology, and
· Revised H-1B visa (specialty occupation) provisions, including: (1) annual admissions cap increases; (2) employer requirements; (3) degree requirements; (4) merit-based extension of stay; and (5) government requirements.
In addition to these positive sections there were some provisions of the proposal that would have been negative, such as restrictions on obtaining “green cards” in the US and new limitations on L1A visas for new companies; however, there would likely have been an over all positive result.
LCA / PERM Restrictions
On May 17, 2007, the Department of Labor (DOL) issued new regulations on the permanent labor certification program which included a “Prohibition on Substitution”, meaning that an LCA cannot be transferred from one potential employee to another. The DOL further stipulated a “Time Limitation” on an LCA’s validity (See 20 CFR part 656; 72 Fed. Reg. 29704 (May 17, 2007), requiring that once approved, an LCA must be “used” or filed in support of an I-140 (immigrant visa petition) within 180 days.
Adjustment after EWI (Entry Without Inspection) or Overstay
Title 8CFR 245.10 allows the spouse or child (including step children) of an individual who directly qualifies under the section 245(i) law to receive their green card in the U.S., even if they entered after Dec. 21, 2000 and the “relationship” was established after April 30, 2001. This is an important provision that merits a review to determine whether you may be eligible for a green card based upon your existing relationship with a family member who is a direct/primary beneficiary of 245(i). You may be 245 (i) eligible and not know it. If you were ever included in an immigration application filed by April 30, 2001, and the application was abandoned or uncompleted for any reason (i.e. employment change, divorce, death of petitioner, etc.), you may still be 245(i) eligible, and as a result be eligible to start another immigration application. Please call an immigration law office for a consultation if you think this benefit may apply to you.
Take Advantage of Opportunities
As so many aspects of immigration are continuing to become more difficult and immigration application fees are dramatically increasing, we encourage you to take advantage of opportunities to file immigration and citizenship petitions promptly. We have prepared a chart to assist you in identifying the earliest filing elegibility date for a personal benefit and for a benefit on behalf of another person in your family. For example, if you are under a non-immigrant visa status you may be eligible to apply for a green card/residency. There are advantages of becoming a legal permanent resident, such as legally living, studying and working in the United States, being able to petition for residency for your spouse and unmarried children under 21, and being able to travel in and out of the U.S. Similarly, if you have been a legal permanent resident for 5 years (3 years in the case of a residency by marriage), you may be able to apply for citizenship. Being a citizen will grant you additional benefits, such as voting in government elections, being able to sponsor all immediate relatives for residency, obtaining a U.S. passport to travel, and remaining outside the U.S. without restrictions. Finally, if you are a citizen you may want to apply for a green card/residency for eligible family members.
If you are eligible to apply for any immigration benefits, such as the ones listed on our chart, we advise you to do so as soon as possible in order to obtain or provide your family quicker access to the benefits of residency and citizenship. In our experience processing time for most immigration applications have lengthened overtime, and since it is hard to predict what future changes will happen in the law, we urge you to take immediate action with regard to filing them.
You May Sue the USCIS in Certain Situations
In the past year more individuals have filed actions in the US District Court to seek a resolution for a decision to a long delayed immigration petition or to have a poor or improper decision by the USCIS reviewed. This has been an effective vehicle to have a case promptly and correctly decided, and our office has been a leader in the development of innovative strategies doing this with much success. Recent congressional proposals have sought to eliminate this possibility, but they have been unsuccessful to date. What can you do?
· Challenge USCIS processing delays in the US District Court, by bringing legal actions against them
· Apply for immigration benefits for you and your family members as soon as the eligibility requirements are met
· Call and write to political representatives and candidates, and
· Encourage others in your community and family to do the same.
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