A Temecula, CA Immigration Attorney, John Mansfield, explains:
I’m talking to you today about the USCIS. What’s the USCIS?, you might asked. It is the United States Citizenship and Immigration Service. They are a branch of the US Department of Homeland Security and they are responsible for receiving, processing and approving or denying applications for status and relief under the US Immigration and Nationality laws. It’s important that you know that the USCIS has become an extremely efficient branch. I know it’s hard to believe, but they have done wonders with respect to getting more efficient, faster, and friendlier for a huge bureaucracy, I think they deserve a lot credit for the progress they’ve made.
You should know, however, that they are not necessarily there to help you and approve you and send you on your merry way. The important thing you understand is that they have a a job to do and that job does not always run side by side with your interests and what your objectives are in terms of getting, keeping, or regaining immigration status that you’re looking to achieve. And that’s where an Immigration Attorney comes in.
Not just “handy” to have, but very essential.
So, it’s important that you not take any chances and consult an Immigration Specialist. Someone who is familiar with the immigration laws, the cases, the statutes, the regulations, even the procedural protocols. For example, I practice in Southern California – San Diego USCIS officers protocol is somewhat different than those in Los Angeles, and they are different from those in San Bernardino, and so on, and so forth. San Francisco is different from all of them.
It is important to get an attorney who is familiar with the locality and the regional differences and the particular requirements that each jurisdiction has, with respect to the fillings, the documents,the procedures, the time frames, and even the dress codes for that matter! You may not need to dress too formally for a certain appearances in a certain jurisdictions. But in other places I might advice you to wear a suit coat without a tie and make sure your appearances pretty well-groomed, because I am familiar with the differences of these offices and jurisdictions.
It is important also for you to know that if you go to the USCIS for information, they are not always able or in the proper frame of mind to give you the information that’s accurate and what you’re looking for. It’s not that they’re necessarily out to deceive you or harm you, but you may just get someone that doesn’t know the law like an experienced immigration attorney does.
I do not recommend getting advice from anyone but a license attorney. For example, If you go to what’s called an “infopass” appointment with USCIS, and you go without an attorney, you most likely will not get very complete answers, and you’ll walk away having wasted of your time. If an immigration attorney goes for you, then they can guarantee you that you’re going to get useful information, because they know how to extract the information from the agencies.
The forms, also, are more complicated than ever. And if you end up checking the wrong box or submitting the wrong form, or fail to submit a required form”you’re in for a delay, and probably an emotionally draining and financially costly one as well.
An immigration attorney knows how to prepare this paperwork so that you achieve your goals, and I certainly recommend that you consult an Immigration lawyer who specializes and focuses exclusively in this area. I suppose going to your family wills and trusts attorney for immigration help would be like going to your family general practitioner for brain surgery.
It is very important that you take the extra time and care for yourself and your family to see someone who is an expert in immigration law.
Hopefully this is been helpful, and remember: know you rights before you undertake something as important as immigration law.
On May 11, 2010, USCIS announced that it has redesigned the Permanent Resident Card-commonly known as the “Green Card.” The new state-of-the-art card incorporates several major new security features. The redesign was one of the latest ongoing efforts to prevent and deter immigration fraud. USCIS will now issue the new, secure format which prevents counterfeiting, and tampering, and makes it easier to quickly get accurate information.
The new format includes holographic images, laser engraved fingerprints, and high resolution micro-images which will make the card nearly impossible to reproduce. There will be a Radio Frequency Identification (RFID) capability which will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately with file data. Also, a preprinted return address will help for an easy return of a lost card to USCIS.
In addition, to comport with its nickname, the permanent resident card will actually be colored green. USCIS will replace Green Cards as people apply for renewal or replacement. So, if you have a green card with the older design-you don’t need to get a replacement card. Your green card is still valid until the expiration date printed on the card.
FRONT OF CARD PREVIOUS NEW Optical Variable Ink – X
Holographic Image X X
Embedded Radio Frequency Identification Device (RFID) – X
Optical Variable Ink – X
Laser Engraved Fingerprint – X
Unique Background Design X X
BACK OF CARD
Tamper Resistant Border – X
Optical Media Stores, All Digital Files, Including Biometrics – X
Micro-image, High Resolution
Pictures of State Flags and U.S. Presidents X X
The Law Offices of N.M. Gehi, P.C. has three convenient locations in Queens, Long Island, New York, and provides comprehensive immigration and bankruptcy services to clients. Immigration Lawyers at Law Firm are experienced in dealing with complicated immigration cases, including H-1Bs, Labor Certifications, I-140s, I-485s, deportation proceedings, and family-based petitions…etc. Contact law firm @ 718-263-5999 for a free initial personal consultation.
This article will attempt to provide some brief insight into the E2 visa process and how it interacts with the process of incorporating an LLC in the United States of America.
The E2 visa is an employment based visa that provides the bearer with the opportunity to live and work in the United States in order to oversee and administer an investment in a trade or business enterprise. Those seeking an E2 visa are well advised to research the category thoroughly before making irrevocable decisions as the E2 visa’s issuance is predicated upon statutory language as well as various executive regulations and policies. Denial of an E2 visa application could prove costly in terms of time as well as resources.
Many who consider the possibility of an E2 visa find that an American Immigration attorney can prove very helpful by providing insight into the process and assistance in filling out relevant forms and compiling supporting documentation in an effort to ensure fast and efficient processing of either the petition submitted to the United States Citizenship and Immigration Service (USCIS) or the visa application which is likely to be submitted to a United States Embassy or United States Consulate abroad. Those individuals who are already in the US and wish to change their visa status to the E-2 category will need to submit a petition to USCIS. More commonly, those living abroad wishing to travel to the US on an E2 visa should submit their visa application to a US Embassy or US Consulate abroad.
US company registration can be an important issue for people thinking about submitting an application for an E-2 visa. Unlike many jurisdictions in Asia, registration of a limited liability company in the United States is usually quite a smooth process for those who retain the services of an attorney trained in American corporate law. Those looking for information about an E-2 visa should note that the need for the visa ought to spring from a real business imperative. In short, the business incorporation should not be conducted as a pretext in an effort to simply obtain immigration benefits. The business concern that underlies the visa application should be bona fide and comport to certain rules and regulations. These rules and regulations come into play when a Consular Officer at a US Post abroad makes an adjudication based upon the merits of the E2 visa application.
The US visa process can be convoluted and cumbersome for those who do not understand U.S. Immigration law. Thus, assistance of experienced counsel is generally recommended in immigration matters especially where company registration plays a key role in the visa application process.
The starting stage of any application to the USCIS entails that you fill a form and send it back to them in some regard. Now, these forms are available at a variety of places. This article tells you the possible avenues where you can get hold of such a form and the pros and cons of each.
USCIS website: The first and most obvious source where you can get these forms is the USCIS website. The forms are easily available if you go to the get me started tool. There will be a whole list of forms and you may have to find out the relevant form. This is very important if you do not wish to end up filing the wrong form. Once the relevant form has been located it must be downloaded on your computer and a print out must be taken.en.
Via mail: The other way you can get the form directly from the USCIS if you are not computer savvy is to call their helpline and ask for a form to be posted to you in the mail. This may take a few days and may be a more expensive way of getting hold of the form.
From websites that sell resources: There are a wide variety of websites that sell resources. Basically all USCIS documents contain a large amount of legal jargon and therefore there are resources which act as a guide for you to complete the formalities. There are books, videos and articles available which help you to clear the immigration test and even the immigration interview. These websites generally have the form as they try to make it a one shop stop for their shoppers. It is advisable to learn more and more about the procedures involved to make sure that the application is up to date according to the latest rules and regulations.
From an US immigration attorney’s office: An immigration attorney’s office generally has a specialized staff for filing these documents. They may charge a minor fee but at the same time you can be rest assured that your documents are filed by experts who are specialized in this regard.
To sum it up, filing an immigration form may sound easy but it isn’t very easy especially when it is in the context of an immigration form. This is because there are simply too many forms and there is also simply too much jargon being thrown around for an average person to understand. Hence it may be said that
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Most people who wish to help their fiance(e) immigrate to US have a doubt on what form to file, whether K1 visa or Form I 130. It depends on the the length of the relationship, the supporting evidence, the number of times the sponsor or the petitioner has physically met their fiance(e), are few of the considerations to file the appropriate form.
Only the citizens of the US may file a K1 visa for a fiance(e). If you are a legal permanent resident you may then have to file Form I 130 to petition your spouse. A K1 visa is issued to the fiance(e) of a United States citizen to enter the US and marry the United Citizen within 90 days after the entry of the fiance(e) into US. A K3 visa is used by a US citizen to bring his or her spouse to the US. Form I 130 is used by a US Citizen or a legal permanent resident to petition his or her spouse for a green card.
The average waiting time for K1 visa is approximately 7-9 months, K-3 petitions take approximately 8-10 months and Form I 130 petitions take approximately 8-12 months to be processed.
What Form Must I File?
If you are a US Citizen and you wish to bring your fiance(e) to US to get married you must file K1 visa application. On approval of the petition by the US Citizen, the fiance(e) may travel to United States for a period of 90 days. A K-1 visa requires a fiance(e) to marry his or her US citizen sponsor within 90 days of entry into the United States. The fiance(e) may then obtain work permit to work in the United States. It is mandatory that the US Citizen and the fiance(e) must be married within the 90 days period , so that the fiance(e) will be eligible to apply to adjust status to a lawful permanent resident.
If you are a US Citizen and you wish to bring your spouse to US then you must file K3 visa application. You can apply for a K-3 visa for your spouse only after you have filed the I-130 petition. Your spouse can enter the US on a K3 visa while the I-130 is pending and must apply to adjust status to a permanent resident with the USCIS upon approval of the petition.
Form I 130 is used by either by a US Citizen or a Legal Permanent Resident to petition their spouse to immigrate to United States. This process is a lengthy process when compared to that of K1 and other processes.
A K1 visa holder will not be able work or leave the country until they apply for adjustment of status. When they file for adjustment of status, applications for employment and travel will also have to be filed. After 90 days of filing the petition, the spouse may be able to travel and work.
A K-3 visa is a multiple-entry visa and the spouse may travel out of the country. The K 3 visa holder must apply for an EAD/work permit and it has to be filed along with the adjustment of status application.
Once the adjustment of status application is approved, the applicant acquires legal permanent resident status. They may then obtain employment immediately and also travel outside the country.
Often there is a misconception that once you marry a US citizen, you have will be automatically approved to be a resident in the US. But it is not an easy task, though they are being credited as husband and wife they have to undergo a rigorous interview process which has been carried out in the United States Immigration system. Here are some of the tips to succeed the marriage interview immigration process.
Tips to succeed the marriage interview immigration:
Not many know the fact that the immigration ins procedures involves a formal interview with the officials in the United States Citizenship and Immigration Services (USCIS). Very often people end up not preparing for the interview without knowing the consequences. The result being high percentage of applicant getting denied of the respective cases and leading to arresting and deporting. The tenor of each marriage interview immigration depends upon the individuals and also the USCIS officials personality. It actually is not difficult as the common perception, but can be made easier without much difficulty or grueling effort. Let us see how to avoid all unhappy things like anxiety and stress out of us to get approved of the marriage visa interview.
Documents Make sure to bring all the necessary documents that necessary to show your identity which means items like the bona fide document, letter, mementos, photos, bank account statements, tax returns, property deeds and any other documents to prove that your marriage is a true marriage.
Time It is always advisable to be at least 45 minutes ahead of the interview so that there is enough time to relax and be well prepared for the same.
Dress code The first impression is the best impression. Hence it very important to come in formally dressed for the interview.
Well Organized Most important of all you should listen and respond properly. Within the allotted time you should be able to answer to the point ,be specific and not not talk too much
No guesses During the interview process, do not try to make guesses. For example, do not try to give different answers to the official by guessing. Prepare yourself well and then answer. Because there are chances that different answers are given to the same question when posed to each of the partners.
NO memorizing There is no need to memorize any kind of answers during the interview process. Its just that you have to remember the few dates and you will be allowed to look at your form I 485
History of your relationship During the interview you will be posed questions as to when you met each other, first date together, etc. Understand that you are not answering to a police man, its just a mere talking to an official and its better to disclose all the truthful answers portraying your relationship from engagement to marriage.
The marriage interview immigration is a simple and easy event, but can become complicated and a painful event if the proper procedures are not followed where both partners are involved. The marriage interview usually takes place about six to twelve months after the application. A proper homework will be best to get approved of the interview. As a couple its just a challenge so face it and enjoy life to the fullest.