mastercard and visa

By Jessica Suotmaa 0

United States Citizenship and Immigration Services (USCIS) has announced that it will be accepting credit card payments for certain forms.

You can now pay your immigration application filing fees using VISA, MasterCard, American Express, or Discover cards.

A credit card can be used to pay for the following applications:

EOIR-29 – Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
G-1041– Genealogy Index Search Request
G-1041A – Genealogy Records Request
I-102 – Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
I-129F – Petition for Alien Fiancé(e)
I-130 – Petition for Alien Relative
I-131 – Application for Travel Document
I-140 – Immigrant Petition for Alien Worker
I-212 – Application for Permission to Re-apply for Admission into the U.S. After Deportation or Removal
I-290B – Notice of Appeal or Motion
I-360 – Petition for Amerasian, Widow(er) or Special Immigrant
I-485 – Application to Register Permanent Residence or Adjust Status
I-485 Supp A – Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
I-526 – Immigrant Petition by Alien Entrepreneur
I-539 – Application to Extend/Change Nonimmigrant Status
I-600 – Petition to Classify Orphan as an Immediate Relative
I-600A – Application for Advance Processing of Orphan Petition
I-601 – Application for Waiver of Grounds of Inadmissibility
I-601A – Application for Provisional Unlawful Presence Waiver
I-690 – Application for Waiver of Grounds of Inadmissibility
I-694 – Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act
I-698 – Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)
I-765 – Application for Employment Authorization
I-800 – Petition to Classify Convention Adoptee as an Immediate Relative
I-800A – Application for Determination of Suitability to Adopt a Child from a Convention Country
I-800A – Form I-800A Supplement 1 (Listing of Adult Member of the Household)
I-800A – Form I-800A Supplement 2 (Consent to Disclose Information)
I-800A – Form I-800A Supplement 3 (Request for Action on Approved Form I-800A)
I-817 – Application for Family Unity Benefits
I-821 – Application for Temporary Protected Status
I-824 – Application for Action on an Approved Application or Petition
I-829 – Petition By Entrepreneur to Remove Conditions on Permanent Resident Status
I-90 – Application to Replace Permanent Resident Card
I-910 – Application for Civil Surgeon Designation
I-941 – Application for Entrepreneur Parole
N-300 – Application to File Declaration of Intention
N-336 – Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA
N-400 – Application for Naturalization
N-470 – Application to Preserve Residence for Naturalization Purposes
N-600 – Application for Certificate of Citizenship
N-600K – Application for Citizenship and Issuance of Certificate Under Section 322

To pay with a credit card, USCIS requires you fill out the form, Authorization for Credit Card Transactions, G-1450.

Just as with check payments, the total amount can include the filing fee and biometrics (finger print) fee.

Remember, you need to submit one Authorization for per petition/application.

Make sure you have enough available balance! If the credit card payment is declined, USCIS will not process the card again, but will reject your application.

Why yes, You CAN renew your DACA

By Jessica Suotmaa 0

Due to a recent law suit regarding the Deferred Action for Childhood Arrivals (DACA) program, a federal judge has ruled that USCIS must continue the program while the lawsuit is pending a decision.  As such, USCIS released a preliminary injunction on January 13, 2018 announcing it will be accepting renewal applications for existing DACA holders and for anyone who had DACA but could not renew due to the end of the DACA program (we wrote about it before too).

Please note that this is a temporary situation and could change at any time.

What this means for you:

You had DACA but could not renew, so your DACA has expired:

You may file a new application here.

 

You have DACA but it is expiring soon:

We recommend you file for a renewal four (4) to five (5) months before your DACA is expires. Four to five months allows you to receive your new work permit before the previous one expires and is thereby a good rule of thumb.

 

You have never had DACA but think you might qualify:

USCIS is not accepting new applications at this time.

 

If you have any questions regarding qualifications, please visit the official USCIS website for more information or contact our office at (626) 795-8886.

Diversity Lottery

By Justin Lum 1

Deadline: November 22, 2017

Where to register: U.S. Department of State website

Cost: Free

Instructions: Download here

Despite recent headlines, the 2019 Diversity Lottery is still available! If you would like to register for the diversity lottery, you still have time.  At least 50,000 green cards will be available to those born in foreign countries, that meet only TWO conditions:

#1. Born in any foreign country EXCEPT the following ineligible countries:

Bangladesh

Brazil

Canada

China (mainland-born)

Colombia, Dominican Republic

El Salvador

Haiti

India

Jamaica

Mexico

Nigeria

Pakistan

Peru

Philippines

South Korea

United Kingdom (except Northern Ireland) and its dependent territories

Vietnam

 

HOWEVER, persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

According to instructions, if you were born in one of the above countries, you can still qualify if your spouse is born in another country or if your parents were originally from another country (not listed as ineligible).

#2. Education or Work experience

The U.S. requires Diversity Lottery participants to have at least twelve years of schooling OR five years of work experience that required at least two years of vocational training.

 

If you decide you’d like to try your luck with the Diversity Lottery, we would adviseyou to fill out the application carefully! We have known clients who won the Diversity Lottery but failed to account for all their children, failed to mention a pregnant wife, or some other minor mistake that later caused a lot of trouble, requiring legal representation.

Is EB-5 the only option?

By Justin Lum 2

Scenario:

You have a real estate client who wants to come to the United States and stay here. Maybe not now, but he wants to eventually immigrate here.  The question is how does he do it?  How can real estate contribute to his desire to immigrate to the U.S.?  Is it part of his plan to immigrate or to finance his project in the U.S. (commercial) and/or a result that desire to immigrate (residential)?

Why do we have this situation?

  1. Recently, we have had a large influx of Immigrants or Foreign Nationals who are purchasing homes or commercial real estate for investment or for their business.
  2. Often times these individuals are assessing how they can take advantage of U.S. immigration to either (1) allow them to immigrate themselves, or (2) like other developers, to give other foreign investors an additional incentive to invest in the individual’s project.

Main point to remember for any project under any immigration category, the business that is started here is for the purpose of opening a business, not for the purpose of just obtaining immigration benefits.  Not only grounds to not approve application, but business will not be successful, which may affect ability to receive approval based on business anyway.

There are two main immigration categories that best satisfy this need.

These two categories are generally referred to as (1) EB-5 or immigrant investor programs and (2) L-1 or EB-1C Intracompany transfers

  1. EB-5 Program

The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Initially, these programs were by direct investment.  Under a pilot immigration program first enacted in 1992 certain EB-5 visas also are set aside for investors in Regional Centers designated by U.S. Citizenship and Immigration Service (“USCIS”) based on proposals for promoting economic growth, utilizing both direct investment and indirect investment.  In either case, the immigrant investor obtains permanent resident status through investment in the United States.

The entire program is currently approved through September of this year.  USCIS and Congress are debating reauthorization of the program with changes to some of the requirements which I’ll note throughout our discussion later.

 

Requirements

Investment from the individual must be at least $500,000 or $1,000,000.  If the investment is in what is called a Targeted Employment Area (“TEA”) where the unemployment rate is 150% of the National Unemployment rate, or $1,000,000 if not in a TEA.  A TEA designation can be determined by both federal and state measurements.

However, this amount may go up in the near future as USCIS has requested that Congress.  USCIS has requested, and Congress is considering, raising the TEA amount to $800,000 and the non-TEA amount to $1.2 million.  This could start as early as October of this year, or could start later, if Congress decides to make these changes.

Create 10 full time jobs in a new business, or save 10 old jobs from a business that is losing money.  The employees must be U.S. Citizens, permanent residents, or other immigrants authorized to work and but cannot be an investor’s spouse or children.

Initially, after filing an application, an Investor receives a 2 year conditional, or temporary, permanent resident card, or “green” card as it is commonly known.  After the 2 year conditional period, the investor must demonstrate the business continues to operate, is continuing along with the plan provided to USCIS, and/or has met its goals, at which time the investor will receive a permanent green card.

 

Traditional EB-5

A traditional EB-5 investment is a direct investment by an investor into a new business or a business that is losing money.  The money is invested directly into the business, and the business must hire at least 10 full time employees.  In addition, the investor must have an “active” role in the business.

 

Pilot Program – Regional Center – EB-5

Under the “regional center” model, an investor may invest in a project that is created under the umbrella of a third party “regional center”.   Under this model, an investor may be a passive investor that invests his/her money into a project, which has created sufficient direct and indirect jobs sufficient to cover however many EB-5 investors are planned for the project.

 

Differences between the two EB-5 programs?

  1. Direct investment (traditional) vs. Direct and Indirect investment (regional center)

Indirect investment – Jobs that will be created by project, but be employed by other companies involved in the project

  1. Direct involvement (traditional) vs. no involvement (regional center) in activities of company

 

Advantage of EB-5 investment

  1. Both programs – Does not matter what the company does, it does not have to be related to the background of the individual, individual just has to have sufficient money to invest and must have job creation.
  2. Investor has direct control of how investment money is spent.
  3. Regional center- does not require any involvement in operations of business.

 

Disadvantage of EB-5 investment

  1. Both programs

– Is an investment, money is at risk

– “Priority date exist for investors from China, meaning that after investing in a project, there may be a lag time before the investor can actually apply for a green card.  If the investor is in the United States, he must have legal status under another visa.  Otherwise must return to home country after prior authorization to stay expires before becomes out of status.

– limited number of visas per year (10,000), although number of investors is increasing.

– Long processing times- 13.4 months for processing initial application (I-526) for investor approval  and 13.4 months processing time for approval of final application (I-824) for “permanent” permanent resident card.

  1. Traditional EB-5

– Investor must operate the company for a long period of time, which means there are employees to pay for a long period of time.  Since the goal is to increase jobs, this only becomes an issue if company is losing money.  No investor is expected to run a losing operation for an extended period of time, but since the EB-5 goal is to create jobs, any business that is closed down less than a year after the investor receives his permanent green card has a greater risk of being audited and the green card taken away.

  1. Regional Center EB-5

– No control over the investment.

– If the project is not completed or project deviates from purpose, conditional green card can be taken away.

L-1

The L-1 visa is a nonimmigrant visa that allows a foreign corporation to transfer executives or managers to U.S. subsidiaries to operate the U.S. subsidiary on behalf of the foreign corporation. Initial period is 6 (L-1B) or 7 (L1-A) years.

L1-A – managers and executives

L1-B – professional managerial person (Engineers, accountants, etc.)

If the U.S. subsidiary has operated for at least one year in the United States, the company may petition for managers or executives to obtain permanent resident status (EB-1C)

Of course, the likelihood of the company to successfully petition for their employee to obtain permanent resident status can be highly dependent on the success of the foreign company and the subsidiary, the number of employees, and the revenue generated by the subsidiary.

  1. Requirements for L-1.

– U.S. company is owned at least 51% by a foreign company.

– Manager/executive transferring must have been a manager/executive with

relevant experience at foreign company for at least 1 year out of the previous 3

years

– Manager/executive transferring must be employed by subsidiary in an appropriate managerial position

  1. Advantages.
  2. Allows managers/executive to be transferred fairly quickly, processing time can be as quick as 1 month, but more likely 4-5 months if additional evidence is requested.
  3. Processing time for obtaining permanent resident status also is fast, approximately 8 – 12 months once the petition is filed by the company.
  4. When starting a company, less money must be invested in order to start the company and allow for L-1 applicant.
  5. Disadvantages.
  6. Person being transferred must have been shown to have worked in parent foreign company for the required period of time as a manager/executive.
  7. Work experience and/or educational experience must be related to new position in U.S. company.
  8. Generally more stringent regulation by USCIS.
American Flag

By Jessica Suotmaa 0

It is very difficult. But it is not impossible, given the right circumstances.  And that is what we do, help our clients to find the right circumstances that would allow them to immigrate to the United States.

 

What are “the right circumstances”?

The U.S. like any country, or individual, looks out for its own interests first, and yet still has a benevolent attitude to immigrants, since the US is itself a land of immigrants. If a foreigner for example, has a world famous reputation as a scientist, an engineer, the US welcomes them as an employee. Or if a person has a skill that is not available in the area in which the alien is living, then his application for a green card may be approved. Or, if an alien wishes to invest $500,000 to $1 mil, they and their family members might also be approved.  This is very popular, and is often referred to as EB-5, or immigration investment.  A person may also immigrate if they are transferred here from their home company in their home country to a subsidiary here in the United States.

Of course, there are certain family relationships that can lead to immigrating to the United States, such as marriage to a U.S. citizen, or being the parent or child of a U.S. citizen, for example.

At the same time the US as I said, can also be benevolent. If an alien was persecuted in their home country, they can apply for asylum or withholding of removal in the US. That means they can either receive a green card or be allowed to remain in the US without worrying about being deported. Or, if the alien has been here for a number of years and has conducted himself properly, no serious crimes, paid taxes, and even better, has immediate relatives who are US citizens or green card holders or if someone has already petitioned for the alien, they would have an even better chance to remain here. There are other forms of relief, some recently put in place, that gives assistance to young people who came here under age 16, or now not older than 31, or what is popular referred to as, “DACA.”

So the question of how can an alien obtain legal US status cannot be answered without getting all the facts that surround the alien. The solution is to consult a knowledgeable immigration law firm, give them all the facts and determine whether or not the alien qualifies.

Our office has handled many of all of these types of cases, whether they are business or family or asylum related applications, or helping others who have overstayed and find themselves in Immigration Court. Our job is to provide answers as to whether or not a person may qualify for any of these categories.

 

(Extracted from a transcript from a radio interview with Albert Lum and A. Justin Lum)

2017 USCIS DACA announcement

By Jessica Suotmaa 0

 

Renew your DACA by Oct 5, 2017

You can renew your DACA if your DACA is expiring between September 5, 2017 and March 5, 2018, but your application must be received before October 5, 2017.
If your DACA is expiring after March 5, 2018, it will be valid until its expiration date. You will not be able to renew it.

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a type of administrative relief from deportation for illegal aliens who had arrived in the United States as children.

DACA gives young undocumented immigrants protection from deportation and work permits. The program was created by President Barack Obama, and is currently being phased out by the new administration.  DACA recipients are sometimes called “dreamers”, stemming from the DREAM Act bill was to provide a pathway to permanent residency for unauthorized immigrants who met certain qualifications.  Congress had considered the act in 2007, but failed to overcome a bipartisan filibuster in the Senate.  The DREAM Act was reconsidered in 2011, passed in the house, but ultimately failed to achieve the sixty votes it needed in the Senate.

A few months after its establishment, DACA rules were challenged in courts and ultimately rescinded. The challenges to the policy trace back to November 2014 when President Barack Obama attempted to expand DACA with the aim of covering additional immigrants. However, multiple states sued to prevent said expansion, which resulted in the expansion being later blocked by the courts.

In response to the court’s decision, the Department of Homeland Security rescinded the expansion earlier this year in June 2017 while continuing to review the existence of DACA as a whole.

In September 2017, the Trump administration began phasing out DACA, giving Congress time for a solution for current DACA recipients.

What does the DACA phase-out mean?

  • New DACA applications have not been accepted since September 5, 2017
  • DACA applications submitted prior to September 5, 2017 are processed normally
  • If your DACA expires prior to March 5, 2018 you are eligible to renew
  • If eligible, you can renew your DACA before October 5, 2017
  • If not eligible (aka your DACA expires after March 5, 2018) it will be valid until its expiration date

If my DACA is valid until March 5, 2018, what should I do?

You should renew your DACA and file your renewal before October 5, 2017. Remember, October 5th is the last date for USCIS to receive your application.

Contact us for more information, or assistance in renewing your DACA!

 

If my DACA is valid until after March 5, 2018, what can I do?

You are ineligible to renew by October 5, 2017. You can wait and see what Congress decides for you, or you can begin looking at your options. What other options do you have? Check out this list by Immi | America or ask Mr. Lum!

 

Ask your DACA question

If you, or someone you know, is a DACA recipient, contact us to find out what you’re next step can be.  We know you’re worried, and we want to help!

Man ready to meet you

By Lum Law Group 0

Over the years, we have had clients who come in worried about everything. They bring in too many documents and overwhelm the attorneys with boxes and boxes of records.  We have also had the opposite: clients who come in with nothing but what’s in their wallets.  Sometimes they don’t bring documents because they don’t have them, and sometimes they were just unprepared.

The attorney will be able to review your case on the spot, instead of having to contact you later to answer the questions specific to your situation. Especially in immigration cases, every client has their own circumstances which need to be taken into account before an attorney can give advice.

To get the best out of your initial consultation with your attorney, follow our handy checklist and come prepared!

 

Checklist - What to Bring to Initial Consultation

To download our Immigration First Meeting Checklist, click here!

Official page for ESTA application

By Lum Law Group 0

The Electronic System for Travel Authorization (ESTA) is for visitors (aka tourists) from qualifying countries under the Visa Waiver Program (VWP) who want to visit enter the US for up to three months.  Where before, such visitors could visit without any prior authorization, now they are required to register to ensure that they “pass” the security test. Many airlines will not board passengers from Visa Waiver Program countries unless they have an ESTA.

The good news is that you can apply for an ESTA in as little as ten minutes, at the airport, from your cellphone, etc. Some airlines will even do it for you at the counter.  It takes little to no preparation to apply for an ESTA, but you do need a VISA/MASTERCARD debit or credit card in order to pay for registration.

Here’s where it can go wrong.  When you’re in a hurry, or struggling to read tiny words off a mobile screen, you don’t have time to read the URLs of the websites you’re visiting.  You probably just typed in “ESTA” on your web browser, or opened Google.Com, and clicked “search”.

Nowadays, the first two or four results on Google are promotional advertisements. These ads will always place above a government website link on Google.  Some websites also hire SEO pros to rank their websites above government websites. Many are duped by them in their USCIS immigration visa applications, or for their ESTAs.

Check that the website you’re on is an official .GOV website. If not, it may not be secure. It may ask you for more than USD $14 for a completed ESTA application.

Here’s a website that charges a USD $83 “processing fee” in addition to the $14 ESTA registration fee:

This is not an official website

Notice how it reads “FREE” eligibility test? You don’t need that. If you click on the green button it’ll take you here:

This is why you should always read the fineprint

This website takes advantage of people who are stressed, in a hurry, using a preparer (like a airline employee who doesn’t never better), and people whose first language is not English. It even ranks second on Google search:

This Google search is in Finnish

We have heard people complain about being charged $65 for a last minute ESTA application at the airport. Don’t let that happen to you! Be warned and be prepared.

 

Let's shake on it

By Lum Law Group 2

If you were applying for a green card in the past, you could do it yourself. However, today you need competent counsel to help you.

Our current government is changeable, as evidenced by the new eighteen-page I-485 Adjustment of Status form–as opposed to the old six-page form.  Now, the need for an attorney begins before you submit that application, not after when you encounter problems.

When you decide to marry a US citizen or non-citizen, that’s when you need to talk to an immigration lawyer.

At Lum Law Group, we care about our clients. We want to help you safely navigate the landmine that has become the immigration process.  Contact us today to find out how we can help you!

Family immigration

By Justin Lum 0

Did you know that children born to US citizens living outside the US are no longer automatically considered US citizens? As US citizenship is no longer automatic for children born to one or more US citizens overseas, it’s important to prepare for the process of obtaining a Consular Report of Birth Abroad (CRBA) for your child.

Under the Child Citizenship Act (CCA),

 “…the U.S. citizen parent of a child living abroad must have five years of physical presence in the United States or its outlying possessions with at least two years occurring after age 14, in order to apply for citizenship on behalf of the child.”

After you make an appointment with the embassy, gather evidence of your citizenship and US residence. You will have to provide that information in person. But what kind of evidence are they looking for? Proof of citizenship is explained on the US Embassy, Beijing as follows:

“Physical presence is the actual time when the parent was physically within the borders of the United States. This means that any travel outside the United States, including vacation, should be excluded. Maintaining a residence in the U.S. does not constitute physical presence. You may submit tax returns, wage statements (W2s), school transcripts, utility bills, rental/lease agreements, etc. as evidence of your physical presence in the United States. If you submit W-2s as evidence of physical presence, please also submit a letter from the employer stating your period of stay in the U.S. If a parent is a naturalized U.S. citizen, previous Chinese passports can be used as evidence of physical presence.”

The CRBA form (FS-240) requires applicants, both US citizen and foreign national parents, to cite when and where they were in the US, which other countries they’ve been in, and what the purpose of their stay in the US had been.  Hard evidence supporting the exact dates is necessary for the interview.

For more information on how we can help you, please contact our office.

Man and woman

By Justin Lum 1

Family Based I-130 – Reminder to parents!

It is important to keep records of the care you give your children, even when divorced.

We recently helped a client to obtain permanent resident status based on a petition from the U.S. citizen child as a divorced parent who did not have custody of the child.

A commonly overlooked requirement for a U.S. citizen child petitioning for a parent to adjust the parent’s status to a permanent resident is that the parent must demonstrate parental support of the child. This support can take many forms:

  • monetary support to the family,
  • payment of school fees,
  • other kinds of support, even signing off on a report card.

All these items demonstrate evidence of parental support that is required for approval of a such a petition. So, keep your records:

  • keep receipts,
  • if you wire cash, keep copies of the wiring instructions,
  • receipts from payments to schools,
  • purchases of clothing.

All these could mean the different between an approved petition and denied petition for your adjustment of status. At Lum Law Group it is the small things to which we pay attention in order to help you achieve your immigration goals.

 

亲属移民申请（I-130）。即使离异，你对孩子的关爱也是一种重要记录。我们最近帮助一名客户获得了美国永久居住证，而这名客户离了婚并且没有孩子的监护权。但是通常忽略了美国孩子为父母申请永久居住权时，需要证明父母对孩子的支持帮助。这种证明要填写很多表格，家庭收入、学费支付、甚至离职报告卡;所有这些项目都是证明父母愿意抚养孩子必要的证据。所以保存好你的想送记录，比如收据，汇款单据复印件、学费单据、买衣服的发票。这些可能意味着申请通过还是被拒绝。

林律师集团致力于每一件小事，帮助您达到移民的目标。

Choose someone professional

By Justin Lum 3

IMMIGRATION – ASYLUM APPEAL
Recently I appeared before the Ninth Circuit for oral argument on a immigration appeal where my client was originally granted asylum, but the case was reopened on a motion by the government and subsequently the trial court found he had filed a frivolous asylum application but still granted him withholding of removal. After appeals by both my client and the government, the Board of Immigration Appeals affirmed the frivolous asylum filing but overturned the withholding of removal grant, which led us to the Ninth Circuit. Right now it is uncertain how the Ninth Circuit will rule. But the main lessons from this case? Use a competent immigration attorney to prepare your immigration documents and know what is in your document before you sign it.

In the situation above, the problem was that when my client first decided to apply for asylum, he didn’t know anyone, so he was referred to a “service” that helped prepare asylum applications. My client provided a statement, but the company decided to alter it and then told him he had to abide by the altered statement or else. My client, a new immigrant, was terrified and didn’t know to whom to turn, and thus, from fear, did what he was told to do.

In the end, the principals of that “service” went to jail for a some years, and my client…faces a lifetime ban on living in the United States with his U.S. citizen wife and U.S. born child. All this because he relied on a “service” that skirted the laws and didn’t really care about the effects on those it was supposedly there to help.

And that is why for any immigration issues you need to use a competent immigration attorney. The attorney has his own license and reputation to worry about. Because of that he is going to honest and open with you and do what is necessary for your case, without putting you in a position where they can lose everything, as happened in this.

In the end the victim of persecution has become a victim of those who are supposed to be helping him, possibly preventing him from even finding any legal alternative to obtaining lawful status in the United States.

在第九巡回法庭展开一场关于移民诉讼的辩论，我的一名客户原本获得了庇护，但政府和预审法庭后来发现他填写的庇护申请过于草率时请求重新审理案件，但依然给予了暂缓递解。后来客户和政府进行了多轮申诉。移民委员会上诉证实了草率庇护，取消了暂缓递解。因此我们只能寻求第九巡回法庭。现在不确定第九巡回法庭会如何判定。但我们可以从这个案件中认识到，找一个有能力的移民律师来帮助准备你的移民文件，让你在签下这些文件前知道这些文件是干什么的。

在上面的情况中，问题出在当客户决定申请庇护时，他不认识任何人可以估这件事，因此他找了一个可以帮助他准备庇护申请的服务机构。客户提供材料，但这家服务公司决定篡改材料，然后告诉他必须承受篡改文件的后果。我的客户是一名新移民，听到这些就吓坏了，也不知道可以向谁寻求帮助，别人叫他做什么他就做什么。

最后，这家服务机构的负责人坐牢去了，同时我的客户面临着在美国终身监禁，他和他的美国妻子已经生了孩子。所有这些都是因为他找到的这家服务机构在跟法律打擦边球，而且不真的关心那些可能会产生什么后果。

这就是为什么任何移民都应该找一个有能力的移民律师。并且应该关心律师是否有自己的执照和声誉。因这样的律师才会诚实做事，全力帮助你做你关心的事，不会将你置于他们可能会失败的情况中。

最后这名受迫害的人已经成了他曾寻求帮助的人的受害者，可能阻碍他在美国寻求法律途径获得合法身份。

Happy Immigrant

By Justin Lum 0

Immigration procedures are long and complicated, and they usually take a lot of time to complete. Even after you’ve completed the form filling, the time you have to wait for approval is an exceptionally long one. In some cases, the approval may take a few months or even several years. At other times, people have their immigration application rejected because they haven’t completed the procedures properly or because their immigration application was lacked something.

Another complicated aspect about immigration is that the immigration laws are constantly reviewed an updated on a regular basis. These laws change frequently depending on the political state of the country, and the country’s stance on immigration. Without knowing about these law updates, it’s very risky to apply for immigration on your own. You might end up in a mess if you haven’t read the latest immigration laws of the country and that might result in deportation or legal action against you as well.

In such cases, it’s necessary for people to hire an immigration law attorney for themselves. These immigration law attorneys are well-versed with the immigration laws of your country and they know all about the immigration application procedure. These immigration attorneys dedicate ample of time to help you get your immigration approval and are a good source of guidance when it comes  filling out the immigration application.

Some people might also need to provide referrals for the immigration application. Individuals who have something lacking in their application might need to do so. Even in such special cases, the immigration law attorney can help you by providing you with the references you need for the application. These attorneys will also be able to refer you to some prep courses that you will need to take in order to pass the citizenship test you’ll have to sit for, once you’ve handed in your immigration application.

When you have an immigration law attorney involved with your immigration application procedure, and your application is rejected, the attorney will be able to appeal against the rejection. The lawyer can complete all the paperwork promptly and you’re even safe from the risk of being deported immediately. The lawyer will try to do everything he/she can to ensure that the decision is entirely in your favor and the court verdict is positive for you.

When filing for an appeal against a denied application, people might have to present themselves in front of immigration authorities. The immigration law attorney will be able to guide you about how you need to present yourself, while focusing on representing you to the authorities as well. The lawyer will be able to keep you updated about the progress of your appeal and will inform you about any hearings that you will have to attend.

These are just some of the general reasons why one might need to hire an immigration law attorney for themselves. Everyone has different reasons for hiring an attorney to represent them, but the bottom line is that an attorney’s assistance in immigration applications can save you from a lot of trouble and might even speed up the approval process for you.

 

移民流程不但漫长，而且复杂，通长要花很多时间才能完成。甚至在填写完文件之后，等待审核的时间也相当漫长。在某些情况下，审核可能要花上数月甚至数年。其它时候，有些人的移民申请被拒绝是因为没有正确完成移民手续，或着因为缺失一些文件。

另一个复杂的事情就是与移民相关的法律经常更新，和对更新后的法律解读。这些法律会根据国家的 政治形势和国家移民立场经常改变。如果不知道法律已经更新，自己去申请移民是一件风险的事情。如果没有了解国家最新的移民法，可能最后你会感觉一团遭，还会导致被驱逐出境或着引起不必要的法律麻烦。

在这种情况下就需要雇一位移民律师。这些移民律师对你国家的移民法非常精通，他们了解所有关于移民申请的步骤。而且他们愿意奉献大量时间来帮助您的移民申请能过获得通过，在填写移民申请的表单时也能给予好的指导。

有部分人的移民申请可能需要提供一些参考资料。他们缺少了一些申请可能会需要的东西。甚至在特别的情况下，移民律师能助你提供移民申请会用到的参考资料。一旦移民申请被接受了，律师也会给您推荐一些准备课程，帮助通过公民入籍考试。

当有移民律师参与到你的移民申请过程中来，就算申请被拒绝，律师也有会帮你上诉要求驳回拒绝。律师能书快速帮你完成文书工作，甚至让你立即避免被遣返的风险。他们也会尽最大努力做对你有利的任何事情，让法院做出对你有益的裁决。

当申诉拒绝申请时，当事人可能需要在移民局上出席，移民律师会指导你怎样在法庭上陈述自己的观点;当然，也可以代表你出席。’律师会留意申诉的最新进展，需要出席听证会时也会尽快通知你。

这里只列举了雇一位移民律师的常见理由。每个人雇律师的原因不一样，除了可以在移民申请提供专业法律援助外，也可以帮你省去很多麻烦，甚至提高申请审核速度。

If you’re looking for the services of a a reliable immigration law attorney, you should visit Verdin Law. Verdin Law will be able to provide you with all the information you need in this regard, on their website http://www.verdinlaw.com

Article Source: http://EzineArticles.com/?expert=Aisha_A_Rahman
Article Source: http://EzineArticles.com/7307754

American flag and man

By Justin Lum 0

You may qualify for government benefits, whether it’s low-cost insurance, food stamps, rent-control housing, etc. (check if you qualify here), but what you should be asking yourself is whether you need government assistance.

 

You might be inadmissible…

Every immigrant application asks if you will become a public charge, which means a public burden (someone who relies on public assistance/benefits).  If you select “yes”, you may become inadmissible. This is also why you need a sponsor to adjust status (I-485).

 

But I already have a green card…

If you have already received your green card, it’s important to note that under the Immigration and Nationality Act, Section 237(a)(5) it states:

 “Any alien who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.”

This means that even if you have a Permanent Resident Card (green card), you cannot relax and assume that you have the same rights as US citizens.

US Flag and Justice

By Justin Lum 1

A waiver is “legal forgiveness”, which can be requested if you have a condition, a record, or any other reason why you may be considered “inadmissible” or if you’re in the US “unlawfully” (out of status).

If you’re deemed inadmissible, find the I-601 form and information here.

If you’re unlawfully present (illegal), find the I-601A form and information here.

 

To file either form, the key is to provide enough evidence (proof) that you should be allowed to enter/stay in the US. If you’re not sure how present your case to USCIS, or if you’ve filed the form and received a Request For Evidence (RFE), contact Lum Law Group for legal assistance.

Waiting in the Airport Lounge

By Justin Lum 0

If you are out of status and deemed “removable”, you will be placed in “removal proceedings” and scheduled for a “Removal Hearing” with U.S. Immigration court.

You will receive a “Notice to Appear” (NTA) which informs you when and where your hearing will take place.

The government will provide proof as to why you are “removable” (can be deported) and present it to the Executive Office of Immigration Review (“EOIR”) Office of the Immigration Court. This is also where you can defend yourself by proving you are not removable or request “relief” from removal.

The first hearing is a “Master hearing” where everyone will determine how to move forward with your case.

Many aliens will give up at this point and request “Voluntary Departure”, which means you will leave the US of your own accord. Keep in mind that even if you leave voluntarily, you will still be subject to penalties (such as a travel ban).

If you do not wish to leave voluntarily, you can go through the motions and prepare for your next hearing (sometimes a “merits” hearing).

Each case is different and each alien has their own circumstances. If you aren’t sure if you can handle court cases on your own, contact Lum Law Group for legal assistance.