The post Understanding I-751 Petitions: An Update appeared first on Yew Immigration Law Group a P.C..
]]>When your green card is approved based on a marriage that is under 2 years, you will receive a conditional green card and conditional permanent resident status, and that status is good for only two years. To remove the conditions of your permanent resident status, you will need to file with USCIS I-751, Petition to Remove Conditions, and you will also need the advice and guidance of a San Jose immigration attorney.
A conditional green card is not renewable after a period of two years. If the conditions of your residence have not been removed before your conditional green card expires, you will no longer have permanent resident status, and you become removable (deportable) from the U.S.
Let a San Jose immigration lawyer help you understand and complete Form I-751. Immigration law in the U.S. is always complicated and difficult to understand, and the slightest evidentiary error may mean a lengthy delay or even the denial of your I-751 petition.
A conditional resident who obtained that status through marriage must file a I-751 petition to remove condition in order to obtain a permanent green card, which only has to be renewed every ten years.
Spouses should jointly file the I-751 petition. During this process, U.S. Citizenship and Immigration Services may conduct an additional background check on both spouses to determine if the marriage is genuine and not a scheme that was contrived merely to obtain a green card.
Exceptions to the joint filing requirement are usually allowed in circumstances where one spouse has passed away, where the spouses have divorced, or where the spouses have separated due to spousal abuse or cruelty.
Marriage fraud occurs when a U.S. citizen marries a non-citizen only to help that non-citizen acquire a green card. If they do not live as a married couple, marrying and requesting a green card constitute marriage fraud, which can be penalized with up to five years in federal prison and other immigration penalties such as bars to all future benefits.
Investigations of marriage fraud are sometimes quite extensive. Your social media posts may be scrutinized, and your family members, neighbors, or employer may be interviewed. If you file a I-751 petition, it is important to include whatever evidence you have that your marriage was entered into in good faith and is genuine.
This evidence may include documentation of joint bank accounts, mortgage agreements, and copies of your children’s birth certificates, along with copies of airline ticket receipts, telephone and utility bills, vehicle titles, insurance policies, photographs, and any other pertinent items. It is important to note that the evidence should reflect the realities of the relationship. Just manufacturing the evidence when the relationship doesn’t exist is not worth the detrimental result of being discovered.
If USCIS requires additional information before approving the I-751 petition, you may receive a request for evidence (RFE). This does not mean that your petition will be denied, but you must respond and provide the requested information before the deadline set by USCIS.
In January 2023, USCIS announced that it will extend the current green card expiration dates for petitioners who properly file Form I-751. The extension – for 48 months from the green card’s expiration date – is intended to accommodate the lengthy processing time for I-751 forms.
The processing time for I-751 forms is now from twelve to eighteen months in most cases and even longer for some applicants. However, conditional resident petitioners will remain authorized for work and travel during the 48-month extension period.
The smart first step is consulting a knowledgeable immigration attorney from the very beginning, before you file any immigration case..
Your immigration lawyer will discuss how the requirements apply to your personal situation, explain the application process, and make sure that your case filing is accurate and complete so that no misunderstandings or mistakes on your end delay the processing of your application.
Your lawyer will also advise you regarding which items should be included with a I-751 petition and how to respond if you should receive a request for additional information. If immigration authorities ask to interview you personally, your lawyer will help you prepare for that interview.
There is no need to make an extensive search for the right immigration attorney. At Yew Immigration Law Group in San Jose, we fight for the rights of immigrants who are coming to the U.S. from around the globe as they seek visas, green cards, and U.S. citizenship.
If you are seeking to remove the conditions on your permanent resident status, or if you are facing any difficulty regarding a visa, a green card, or the entry or status of a loved one, get the legal help you need at once by calling the San Jose offices of Yew Immigration Law Group.
When you select Yew Immigration Law Group, you’ll work with an experienced California immigration lawyer who can guide you through an often confusing process. Yew Immigration Law Group provides practical solutions to immigration problems by putting our clients first.
To learn more about any immigration-related legal matter, or to schedule your first consultation with a San Jose immigration attorney, contact Yew Immigration Law Group now – from wherever you are in the world – by calling 408-645-6395.
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]]>The post How can an American Samoan qualify for U.S. citizenship? appeared first on Yew Immigration Law Group a P.C..
]]>American Samoa is a U.S. territory located in the South Pacific Ocean. Despite being a part of the United States, American Samoans are not automatically granted U.S. citizenship at birth. This has been a topic of debate and controversy for many years, with American Samoans fighting for their right to citizenship.
American Samoans are considered U.S. nationals, which means they are entitled to some rights and protections under U.S. law, but they are not considered U.S. citizens. American Samoans cannot vote in U.S. elections, run for political office, or serve on a jury. They also do not have the same access to federal benefits as U.S. citizens, such as Social Security and Medicare.
The current status of American Samoans as U.S. nationals but not citizens has been challenged in court. In 2016, a federal court in Utah ruled that denying citizenship to American Samoans is unconstitutional. However, the ruling was later overturned by the U.S. Court of Appeals for the Tenth Circuit, which stated that citizenship is a political question that should be decided by Congress, not the courts.
The main law governing U.S. citizenship is the Immigration and Nationality Act (INA). The INA sets out the requirements for becoming a U.S. citizen, including residency, good moral character, and knowledge of English and U.S. history. However, the INA does not apply to American Samoa, as it is not considered a part of the United States for immigration purposes.
Instead, American Samoans must rely on a separate law, the Immigration and Nationality Act of 1952 (INA 1952), which grants U.S. citizenship to persons born in “outlying possessions of the United States.” However, the INA 1952 does not define what constitutes an “outlying possession,” leaving it up to Congress to decide.
In 2000, Congress passed the U.S. Citizenship Clause of the Revised Organic Act of 1950, which granted U.S. citizenship to persons born in American Samoa after January 13, 1941, and who meet certain residency requirements. However, this law does not apply to those born before 1941, leaving many American Samoans without a clear path to citizenship. But even claiming U.S. citizenship as a American Samoan requires going through a process.
An experienced lawyer can help American Samoans navigate the complex legal process of obtaining U.S. citizenship. They can provide guidance on the residency requirements and help gather the necessary documentation to support the application.
Call Yew Immigration Law Group today at 408-645-6395 for a case evaluation!
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]]>The post How Long Does It Take to Get a Green Card through Marriage? appeared first on Yew Immigration Law Group a P.C..
]]>If you are a foreign national who is married to a U.S. citizen or permanent resident, you may be wondering how long it will take to obtain a green card. A green card, also known as a permanent resident card, allows you to live and work in the United States permanently.
A green card is a document that proves that you are a lawful permanent resident of the United States. It allows you to live and work in the United States permanently, and it also gives you the ability to travel in and out of the country without the need for a visa.
A green card is also a pathway to U.S. citizenship, as you can apply for naturalization after a certain period of time.
The process of obtaining a green card through marriage involves several steps. The first step is for the U.S. citizen or permanent resident spouse to file a petition on behalf of their foreign national spouse. This petition is called Form I-130, Petition for Alien Relative. The purpose of this form is to establish the relationship between U.S. citizen or permanent resident and their foreign national spouse.
Once the I-130 petition is approved, the foreign national spouse can then apply for a green card. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for a green card while the foreign national spouse is already in the United States.
In addition to the I-485 form, the foreign national spouse will also need to submit various supporting documents, such as an affidavit of support to demonstrate financial responsibility for the immigrant.
USCIS may also require the couple to attend an interview. Under the Biden Administration, interviews have been waived when the application is sufficiently prepared and evidence of a good-faith marriage has been supplied.
If the USCIS officer approves the application, the foreign national spouse will be issued a green card. If the application is denied, depending on the reason for the denial, the foreign national spouse may be able to file a motion to reconsider/reopen or reapply for a green card in the future. To navigate the complexities of the immigration process and increase the chances of a successful outcome, it’s advisable for the foreign national spouse to consider obtaining trusted legal counsel for a green card through marriage who can provide expert guidance and support throughout the application and potential appeals process.
The length of time it takes to obtain a green card through marriage can vary depending on several factors, such as the processing times at USCIS, the complexity of the case, and whether any issues arise during the application process.
On average, it can take anywhere from 10 to 13 months to obtain a green card through marriage. However, this timeline can be longer or shorter depending on the circumstances of the case. A skilled lawyer can prepare a case well so that it benefits from the current administration’s policy of interview waiver. Recently, there have been some cases approved in a matter of months when there is no interview.
Obtaining a green card through marriage can be a complex and time-consuming process. A lawyer can help you navigate the process and ensure that your application is as strong as possible.
A lawyer can help you gather the necessary documents and evidence to support your application, such as proof of your relationship and financial support. They can also help you prepare for your interview with the USCIS officer, if one is required, and address any issues that may arise during the application process. A lawyer can also spot issues and deal with them before the case is filed and it is too late to fix the issue. A well prepped application will shorten the time you will wait for the green card.
If your application is denied, a lawyer can help you appeal the decision or reapply for a green card in the future. They can also help you explore other options for obtaining legal status in the United States. Obtaining a green card through marriage can be a lengthy and complex process. However, with the help of an experienced immigration lawyer, you can increase your chances of success and ensure that your application is as strong as possible. If you are considering applying for a green card through marriage, call Yew Immigration Law Group at 408-645-6395 for a case evaluation today!
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]]>The post What Are the Steps of the PERM Labor Certification Process? appeared first on Yew Immigration Law Group a P.C..
]]>In the United States, foreign workers who wish to come to the country to work must first obtain a work visa. For many, the first step in this process is obtaining a PERM labor certification. It is a prerequisite for many employment-based visas, including the EB-2 and EB-3 categories. The PERM (Program Electronic Review Management) labor certification process is a complex and detailed process that requires careful planning and execution.
The purpose of the PERM process is to ensure that there are no qualified U.S. workers available to fill the job opening before an employer can hire a foreign worker. The process involves several steps that must be followed precisely to avoid delays or rejection, including determining the job requirements, obtaining a prevailing wage determination (PWD), conducting recruitment efforts to find qualified U.S. workers, and filing a labor certification application (ETA Form 9089) with the U.S. Department of Labor (DOL).
The PERM process is a lengthy and complex process, and it requires meticulous attention to detail and adherence to strict guidelines and regulations. Employers must document all aspects of the recruitment process, keep accurate records, and provide extensive evidence to support their labor certification application.
The PERM labor certification process is an essential step for U.S. employers who wish to hire foreign workers for permanent employment in the United States. If you are an employer seeking to hire a foreign worker, it is essential to consult with an experienced immigration attorney who can guide you through the process, help you avoid costly mistakes, and ensure that all requirements are met to avoid delays or rejections of the application.
The PERM (Program Electronic Review Management) labor certification process is used by employers in a variety of industries to obtain permission to hire foreign workers. However, the success rate of the process can vary depending on a number of factors, including the industry and the specific job requirements.
The industries that have the highest success rates for the PERM labor certification process are those that require highly skilled workers in fields such as science, technology, engineering, and mathematics (STEM). This is because these industries often have a shortage of qualified U.S. workers and rely heavily on foreign workers to fill critical positions.
In particular, the IT industry has a high success rate for the PERM labor certification process. This is because there is a high demand for skilled IT professionals in the United States, and many employers struggle to find qualified U.S. workers to fill these positions. Other industries that have a high success rate for the PERM labor certification process include healthcare, finance, and academia.
The success of the PERM labor certification process depends on a variety of factors, including the industry, the job requirements, and the employer’s ability to follow the guidelines and requirements of the process. Employers seeking to hire foreign workers should consult with an experienced immigration attorney to determine their eligibility for the PERM process and to ensure that they are following all the necessary steps and requirements.
An experienced immigration attorney can be an invaluable asset when navigating the PERM (Program Electronic Review Management) labor certification process. Here are some ways in which an immigration attorney can help:
Assess eligibility: An immigration attorney can help an employer assess their eligibility for the PERM process by reviewing the job requirements, the industry, and other factors that may impact the likelihood of success.
Plan and prepare: An immigration attorney can help an employer plan and prepare for the recruitment process by advising on where and how to advertise the job opening, what documentation to keep, and how to ensure that the recruitment process is fair and unbiased.
Review documentation: An immigration attorney can review all the necessary documentation, including the labor certification application, prevailing wage determination, and recruitment documentation, to ensure that everything is in order and meets the requirements of the process.
Address issues and concerns: If any issues or concerns arise during the PERM process, such as a denial or request for additional information, an immigration attorney can help address these issues and provide guidance on how to proceed.
Navigate other visa options: If the PERM process is not successful or not an option, an immigration attorney can help an employer explore other visa options for hiring foreign workers, such as the H-1B or L-1 visas.
An experienced immigration attorney can help an employer navigate the PERM labor certification process by providing guidance, support, and expertise. This can help ensure that the process goes smoothly and that the employer is able to successfully hire the foreign worker they need for their business. Call Yew Immigration Law Group at 408-645-6395 for a case evaluation today!
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]]>The post P Visas Allow Athletes, Artists And Entertainers To Visit The Us appeared first on Yew Immigration Law Group a P.C..
]]>A P-1A visa is intended for athletes and athletic teams who are coming to the U.S. for a specific competition and who are internationally recognized in the sport. Being internationally recognized means having a high level of achievement, demonstrated by a degree of skill and recognition substantially above that of the ordinary participant. The achievement must be leading, renowned or well-known in more than one country. The competition you are coming for must itself have a distinguished reputation and be at an internationally recognized level of performance, too.
If you are coming as a member of a team, the team must itself have achieved international recognition.
There are specific rules for professional athletes, amateur athletes and coaches, and theatrical ice skaters.
This visa allows members of internationally known entertainment groups to come to the U.S. for performances.
In order for your group to qualify, it must have been established for at least a year and recognized internationally as outstanding in your discipline for a sustained and substantial period of time. At least 75% of the members must have had a sustained, substantial relationship with the group for at least a year.
The rules are different for circus performers, and there may be special circumstances. If you’re worried you might not qualify, talk to an immigration attorney.
P-2 visas can be for individual artists or groups, but they must be coming to perform under a government-recognized reciprocal exchange program between the U.S. and another country.
In order to qualify, you must have skills comparable to the U.S. artists and entertainers who are taking part in the program.
The following five reciprocal agreements pre-qualify:
P-3 visas are for individuals and groups who are coming to the U.S. temporarily in order to develop, interpret, represent, coach, or teach a unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance or presentation. You must also be coming to participate in a cultural event or events that will further the understanding or development of your art form.
Both commercial and non-commercial artists and groups are eligible.
These visas require proof that you are internationally recognized, are involved in a cultural exchange, or are culturally unique or traditional. You may need evidence of your reputation or that of your team or group. There are pitfalls for the unwary, so contact Yew Immigration Law Group for assistance. We have years of experience helping people and groups come to the United States.
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]]>The post Great News For F-1 Students With STEM Degrees appeared first on Yew Immigration Law Group a P.C..
]]>If you are a student in F-1 status pursuing a degree in science, technology, engineering, or math (STEM), things just got better for you. What’s the great news? Generally, students in F-1 status are allowed a 12-month work permit after they graduate from their academic program, known as Optional Practical Training (OPT), for when the student graduates. Now, students in F-1 status with STEM degrees are eligible for special treatment; they were previously allowed to extend their OPT work permit for 17 months. Now, students in F-1 status with STEM degrees are allowed to extend their OPT work permit for 24 months rather than 17 months.
Translation: STEM OPT students are eligible to stay in the United States for longer. Great news!
On May 10, 2016, The Department of Homeland Security’s (DHS) new rule on OPT extensions was finalized. According to the new rule, Improving and Expanding Training Opportunities for F–1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F–1 Students, the following are the changes to the STEM OPT process and requirements:
If you’re an F-1 student or an F-1 student who submitted an H-1B petition this year, contact our San Jose immigration law firm online or by telephone at 408-389-4764 to learn how you could benefit from this new rule.
Guest Blogger Robin Trangsrud is an Immigration Attorney at a nonprofit organization in Santa Clara, California serving low-income victims of crimes with their immigration matters. Previously working internationally and in Boston, Robin has experience in employment-based immigration law, family-based immigration law and refugee law. Currently, she is the chair of the Younger Lawyers Division of the Federal Bar Association’s Immigration Law Section.
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]]>The post TPS extended for El Salvador, Nicaragua, Honduras and Nepal appeared first on Yew Immigration Law Group a P.C..
]]>The Trump administration allowed TPS for El Salvador, Nicaragua, Honduras, Nepal, Haiti and Sudan to expire. It said that conditions in all of those countries had improved sufficiently to allow the safe return of their nationals. The Biden administration extended TPS for Haiti and Sudan but not for El Salvador, Nicaragua, Honduras or Nepal.
It seemed like people from these four nations would be forced to return home even though many argue that conditions have not actually improved. If TPS ran out, they could be deported.
Now, people from the four countries who are already on TPS have a reprieve. A group of people from the four countries filed a federal civil rights lawsuit to prevent TPS from expiring for them. They argued that the conditions in their countries still too dangerous.
The judge in that civil rights lawsuit has ordered TPS to remain in effect for the four countries through at least June 2024. The Department of Homeland Security has announced that the program will continue until then and that employment authorization documents (EADs) will be automatically extended. This will affect more than 335,000 people, according to NPR.
According to the U.S. Citizenship and Immigration Services (USCIS), citizens of El Salvador, Nicaragua, Honduras and Nepal who are already TPS beneficiaries do not have to take any action. Your employment authorization documents have been automatically extended through June 30, 2024. At that time, you will need to determine if the legal situation has changed.
However, if you are a citizen or habitual resident of one of these countries and have not re-registered for TPS, you can still re-register now with an explanation for why you failed to do so. The USCIS will determine whether you had good cause not to re-register on time.
If you live in one of the four affected countries and need to re-register, contact Yew Immigration Law Group. We can help you make a compelling argument for why you have good cause for renewing late.
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]]>The post Government offers temporary protected status to Ethiopians in the US appeared first on Yew Immigration Law Group a P.C..
]]>The Department of Homeland Security has recently offered TPS to qualifying nationals and certain habitual residents of Ethiopia who were already in the U.S. as of October 20, 2022.
This designation of TPS for Ethiopia was issued because of ongoing armed conflict and a simultaneous humanitarian crisis. The TPS designation will last 18 months but could be extended beyond that if conditions do not improve.
Receiving TPS means that you:
TPS is available to people who:
You do have to apply. If you think you might not meet all of the qualifications, talk to an immigration lawyer. You may be able to get a waiver.
TPS is not a legal status that can lead to lawful permanent residency. However, being granted TPS does not prevent you from applying for another status, as long as you qualify.
If you are from Ethiopia and were in the U.S. as of October 20, 2022, you may qualify for this status. Contact Yew Immigration Law Group. We have years of experience helping people live and work in the United States.
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]]>The post How can STEM professionals live and work permanently in the US? appeared first on Yew Immigration Law Group a P.C..
]]>Depending on your exact qualifications, you may qualify for one or more of these employment-based visas:
With one of these visas, you may be able to live and work in the U.S. indefinitely. These are immigrant visas, which means they allow you to become a lawful permanent resident (green card holder).
Each visa depends on your background and education. You will need to prove you qualify based on each individual visa’s criteria. Proving you are a person of extraordinary or exceptional ability, or an outstanding professor or researcher, requires collecting evidence and having your immigration lawyer make the argument.
If you might qualify for more than one visa, you and your immigration lawyer will choose which one to apply for on a strategic basis. The EB-1A and EB-1B are more preferred, so qualifying means you get a visa sooner. However, these visas have tougher criteria, as well.
The EB-1B, EB-2 and EB-3 visas all require you to get a job offer before you can apply. In the case of the EB-1A visa, you do not need a specific job offer but must demonstrate you will be working in the field in which you have extraordinary ability.
Once you have a job offer, in most cases, your employer will need to file a petition on your behalf. With this petition – with certain exceptions – the employer must file a permanent labor certification application. This certification shows that the employer has tried to find sufficient, qualified workers in the geographic area and cannot, and also that your employment will not affect the wages and working conditions of similar U.S. workers.
After the permanent labor certification application is approved, you will be put in a queue for a visa.
These are preference-based visas, with the EB-1A and EB-1B the most preferred. Those will be granted first and, if any visas remain, the next preference tier will be granted. There are some limitations on the number of immigrants per country, as well.
Once your visa becomes available, you can apply right away to adjust your status to lawful permanent resident.
According to the U.S. Citizenship and Immigration Services (USCIS), qualified EB-1A and EB-1B visa applicants should not experience any significant wait before a visa becomes available.
Qualifying applicants for EB-2 or EB-3 visas will generally receive visas, although there is a currently a limited number of visas available for people from China and India. Therefore, applicants from China or India will typically wait in the queue until the next visa for their country is available.
The United States needs and welcomes STEM professionals. If you are interested in moving to the U.S., contact Yew Immigration Law Group. We have years of experience helping people do just that.
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]]>The post USCIS announces that renewed green cards will last 24 months appeared first on Yew Immigration Law Group a P.C..
]]>There are many situations where a replacement could be required. Basically, if your green card has expired – or if it will expire in the next six months – you should apply for a replacement. Other situations include:
You need to fill out Form I-90, Application to Replace Permanent Resident Card, either online or by mail. Filing online allows you to check the status of your application.
It is possible you won’t receive your new green card before it expires. In that case, you can use your expired green card and the receipt for your Form I-90 as proof that you are still a lawful permanent resident of the United States. You are still authorized to work and travel.
The USCIS may require a biometrics appointment and will notify you if it does.
The USCIS may deny your application for a new green card. If it does, you have the right to appeal.
Just a reminder: every lawful permanent resident aged 18 or older is expected to carry their green card at all times. Failure to carry your green card could result in a misdemeanor charge.
If you would like to replace your green card, contact Yew Immigration Law Group. We have years of experience helping people live and work in the U.S.
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