In this video attorney Jacob Sapochnick discusses a new rule, effective October 15, 2019, that expands the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa.
Overview:
Receipt of certain public benefits by a non-citizen may render that individual ineligible to obtain: a visa to the United States, adjustment of status to permanent residence, or ineligible for admission to enter the United States.
The final rule defines a public charge as any alien who receives one or more designated public benefits for more than 12 months in the aggregate within any 36-month period.
Under the final rule, immigration will now be taking into consideration the following benefits to determine whether an individual is or is likely to become a public charge to the U.S. government:
In this video attorney Jacob Sapochnick discusses recent immigration raids in the state of Mississippi that led to the arrests of 680 undocumented immigrants at several worksite locations across the state.
ICE was able to obtain search warrants prior to the raids, which enabled them to conduct these raids and arrest undocumented workers.
These raids occurred ahead of stricter compliance standards announced by USCIS penalizing employers hiring undocumented workers. These raids come as a sign that USCIS will be getting tougher on employers, and on employees working unlawfully in the United States.
What will happen to the employees that were arrested?
These individuals will be questioned to determine whether they are undocumented and whether they are working in the United States illegally. If an individual is determined to be in the United States illegally then that individual will go through the normal process of being removed from the United States.
Form I-864, Affidavit of Support, is a form that is required for most family-based immigration petitions and some employment-based immigration petitions.
The affidavit of support is necessary to prove that the foreign national wishing to immigrate to the United States has adequate means of financial support and is not likely to become a public charge at the time of filing or in the future. The person signing the affidavit of support is called a “sponsor” and is usually the U.S. Petitioner.
Signing the Affidavit of Support is a serious matter. Sponsors who sign this form are entering into a contract with the U.S. Government agreeing to use their resources to support the intending immigrant if it becomes necessary.
En este video, el abogado Jacob Sapochnick explica el proceso para aplicar para la visa TN a base del Tratado de Libre Comercio de America del Norte, de Mexico, y Canada.
Que es la visa TN?
La clasificación no inmigrantes TN permite que los ciudadanos canadienses y mexicanos soliciten entrada temporal a los Estados Unidos para dedicarse a actividades comerciales a nivel profesional. El Tratado de Libre Comercio de América del Norte (NAFTA, por sus siglas en inglés) hace posible la entrada de estos profesionales.
Quien es elegible?
Entre los profesionales que son elegibles para admisión como No Inmigrantes T están los contables, ingenieros, abogados, farmacéuticos, científicos y maestros. Usted puede ser elegible para obtener el estatus de no inmigrante NT si:
Es ciudadano de Canadá o México
Su profesión califica bajo la reglamentación
El puesto de trabajo en los Estados Unidos requiere un profesional NAFTA
Usted tiene un preacuerdo con un empleador estadounidense para un trabajo a tiempo completo o a tiempo parcial (no puede estar empleado por su cuenta – vea a continuación la documentación requerida), y
Tiene las calificaciones para practicar su profesión.
Cual es el periodo de estadia?
El periodo inicial de estadia es 3 años. Si usted desea permanecer mas tiempo de el período inicial de estadía sin salir del país, usted debe solicitar una extensión de estadía.
Proceso
Si usted es ciudadano mexicano, debe aplicar para la visa TN directamente en la Embajada o Consulado estadounidense en México.
Una vez se le haya aprobado la visa TN, deberá solicitar admisión en el puerto de entrada estadounidense designado o la estación de registro de pre despacho de aduana/ pre vuelo designada.
In this video attorney Jacob Sapochnick discusses how to file the perfect PERM application.
What is PERM?
The Program Electronic Review Management (PERM) is the system used by immigration to process labor certifications, which is the first step certain foreign nationals must take in order to obtain an EB-2 or EB-3 visa immigrant visa.
As part of the PERM process, the petitioning employer must go through a series of recruitment activities to test the labor market before filing a labor certification application. If, during the recruitment process, the employer finds that there is not a sufficient number of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, then the employer can submit a PERM labor certification application.
In this video attorney Jacob Sapochnick will show you how you can check the processing times for the I-751 Removal of Conditions and Form I-90 Application to Replace Permanent Resident Card.
What is the I-751?
Form I-751 Petition to Remove Conditions on Residence is a form that must be filed by conditional permanent residents to remove their conditions and receive the ten-year permanent resident card.
At the moment, the I-751 Petition is taking longer than expected to be adjudicated by USCIS. As a result of these delays, on June 11, 2018, USCIS began issuing receipt notices extending an applicant’s conditional permanent resident status for a period of 18 months, as opposed to 12 months.
It is not uncommon however for some petitions to take longer than 18 months to be processed, especially in the case of an I-751 waiver of the joint filing requirement.
It is important to note that processing times vary by service centers. There are five service centers that process and adjudicate the I-751 petition. These service centers include: California, Nebraska, Potomac, Texas, and Vermont.
Please follow along on the CIS website to find out how you can check the processing times based on these service centers.
What is the I-90?
The I-90 application is used by lawful permanent residents to apply for replacement or renewal of existing Permanent Resident Cards.
The Potomac service center is the only service center currently processing I-90 applications.
In this video, attorney Jacob Sapochnick shares some exciting news: the EB-3 Philippines employment-based category has become current as of July 2019!
Since there is currently no waiting period for EB-3 Philippines, employers of Filipino nurses and other health care professionals, may now apply for the I-140 straight away, and applicants may file for their adjustment of status (green card).
Why is this change so exciting? Before this change, it could take a Filipino nurse eight or more years to work in the United States and obtain permanent residence. Since the EB-3 category is now current, the whole process could take as little as 10-12 months.
Because we do not yet know how long this category will remain current, we encourage Filipino nurses and their employers to take advantage of this narrow window of opportunity and file their I-140/I-485 petitions as soon as possible.
If you have any questions regarding this new change please contact our office.
In this video attorney Jacob Sapochnick discusses important visa bulletin updates.
F2A Spouses and Children of Permanent Residents is now current as of July 1, 2019 with the release of the July 2019 Visa Bulletin. That means that beginning July 1, 2019, spouses and minor children of green card holders can file for I-485 adjustment of status.
What does this mean for green card holders? If your spouse and children (under 21 and unmarried) are in lawful status and have already filed an I-130, they should be ready to file their I-485, Application for Adjustment of Status, starting July 1. If your spouse and children (under 21 and unmarried) are in lawful status in the US and you have not already filed an I-130, the I-130 and I-485 should be filed concurrently starting July 1. If your spouse and children (under 21 and unmarried) are overseas and they have an approved I-130, they should be ready to submit all necessary documents to the National Visa Center so an immigrant visa interview can be scheduled.
For more information about this new update please click here.
In this video attorney Jacob Sapochnick discusses New Zealand’s recent addition to the E-2 Investor Visa Program.
With the passage of the Knowledgeable Innovators and Worthy Investors Act (KIWI), New Zealand nationals may now apply for the E-1 and E-2 Investor Visa.
There are two ways to apply for the E Visa.
Applicants Lawfully in the U.S.
Investors who are already lawfully present in the U.S. on a valid nonimmigrant visa may file Form I-129 to change their status to the E-2 visa classification, with the necessary supporting documentation.
Applicants Outside the U.S.
Investors who are outside of the U.S. must apply for the E-2 nonimmigrant visa at a U.S. Consulate near their place of residence. The applicant must submit the DS-160 Online Nonimmigrant Visa Application, pay the necessary fees, and schedule their visa interview. Applicants must bring their complete application and necessary documentation to establish eligibility at the time of their interview.
What are the Requirements?
The investment funds and the applicant must come from the same Treaty Country.
The business in which investment is being made must provide job opportunities or make a significant economic impact tin the United States. The business should not be established solely for the purpose of earning a living for the applicant and his or her family.
The investment must come from the investor. The money must be “at risk”. Thus, a loan that is secured by the assets of the business itself will not qualify i.e. if loans have been taken out, they must be secured or guaranteed by the investor personally, and not by the assets of the corporation.
In this video attorney Jacob Sapochnick talks about your options, as a U.S. Citizen, if you have just discovered that your foreign spouse used you to obtain a green card.
When such a case arises, and we are representing the U.S. Citizen who has just discovered that they have been defrauded, we advise our client to seek outside counsel. We cannot advise our client on how to proceed if we have filed the case because providing such advise creates a conflict of interest.
If our office did not file the green card petition, then it is possible for us to assess the U.S. Citizens options by having a consultation and discussing the situation at hand.
Immigration Lawyer Blog
