Satisfying the L-1 visa one year requirement

By Jessica Suotmaa 0

In November 2018, the United States Citizenship and Immigration Services (USCIS) issued a policy memorandum on satisfying the one year abroad requirement for L-1 visa beneficiaries. This policy memorandum is internal to the agency and cannot be used to justify a beneficiary’s qualification for L-1 visa (L-1A and L-1B Temporary Intracompany Transferee).  Regardless, the policy does clarify many of the questions regarding the one year requirement. For your future reference, we have summarized the highlights of this recent announcement:

1. When does the one year period of employment abroad have to be met?

The one year work abroad minimum requirement has to be met on the day your petition is filed with USCIS.

For L-1, you are required to have worked for your company for a full year (365 days), continuously, within the last three years.  There cannot be any gaps in employment. You must have worked outside of the United States. Any business trips your company sent you on to the United States do not count towards the 365-day rule. Your company cannot petition for you before you have met the 365-day requirement.

2. Do my U.S. business trips count towards my one year requirement?

No, they do not.  If you have only been employed by your company for 365 days and you have made trips to the U.S, you do not meet the one year requirement.  The reason is that the time spent in the U.S., even if for business, do not count towards your one year requirement.  Business trips do not “break” your period of continuous employment abroad, but they do not add to it either.

For example, if today is February 1, 2019 and you began working for your company on February 1, 2018, but you took two trips to the U.S. in 2018: the first in July 2018 when you stayed for 14 days and the second in December 2018 when you stayed for 30 days.  On February 1, 2019, you do not meet the one year abroad requirement.  You will need to add the number of days you were in the United States to your total in order to calculate when you will meet this minimum requirement.  In this example, you would add the following:

February 1, 2018-February 1, 2019 = 365 days + 14 days + 30 days = 409 days

February 1, 2018 + 409 days = March 17, 2019

In other words, your company can file your L-1 petition after March 17, 2019.

3. What if I currently have H1-B or E-2 visa status with my company but I used to work abroad for the same company?

If you currently have H1-B or E-2 visa status, you still have to meet the 365-day foreign employment requirement. However,  your valid H1-B or E-2 temporary visa in the United States pushes back the “look back period” for foreign employment.

For example, if your company has obtained an H1-B visa for you for the past two years, from January 1, 2017 to January 1, 2019, but now your company would like to apply for your L-1 visa.  The “look back period” is usually three years from the date of the petition. However, since you are working for the same company and in a qualifying capacity (executive, supervisor, or special skill employee), your “look back period” will end the day you obtained your H1-B visa.  This means you will have had to accrue 365 days of foreign employment with your company from January 1, 2014 to January 1, 2017 instead of January 1, 2016 to January 1, 2019.

Please note that the H1-B or E-2 visa sponsor would have to be the same company as your L-1 sponsor.

4. What if my company sponsored my masters studies in the U.S. and now wants to sponsor my L-1 visa?

To meet the time qualifications for L-1 visa, you need to have 365 days of continuous foreign employment outside of the United States within the last three years.  The three-year period, or “look back period”, is not affected by your studies in the U.S.

What this means is that if you expect to graduate from your U.S. masters program in May 2019 and your company decides to prepare and file your petition on or around May 2019, then you will have had to have worked for that same company in a foreign country for 365 days between May 2016 and May 2019.  This period cannot include periods of time when you held a valid F-1 visa or were stationed in the U.S. It cannot include any “optional practical training” (OPT) that you completed with your company as the purpose of your stay as a F-1 visa recipient was to study, not work.  Any period in which you held a valid F-1 visa and were located in the U.S. cannot count towards your 365-day employment requirement.

5. What if I entered the U.S. with an L-2 visa and now want to change status to L-1?

Similarly to an F-1 visa situation, an L-2 visa recipient enters the U.S. as a tag-along to the L-1 visa recipient it is attached to and thereby is not authorized to work in the U.S.  This means that the three year “look back period” is not adjusted and your visa status is not exempt.  You would have to have accrued 365 days of valid foreign employment with your current company within the last three years in order to qualify.

5. What if I stopped working for this company or worked for another company for a while?

If you stopped working for a period of time, or you worked for an unrelated employer within the three year “look back period”, it is possible you do not have enough time to meet the 365-day time accrued working abroad requirement.

For example, if you were working for your company from January 1, 2014 to December 31, 2016, but then worked for another company in the U.S. or somewhere else in between, and then maybe stopped working for a while before your company decided to recruit you for your present position, you need to carefully calculate the total number of days you have worked for this company.  The three year look back period in March 2019 would extend until March 2016. Since you stopped working at the company in December 31, 2016, you would only have nine months of continuous employment within your look back period.  Even though you have worked for your company abroad for over a year, you do not have enough days to meet the one year requirement for L-visa sponsorship.

6. What does “continuous employment” mean in this context?

Continuous employment with your company is defined as nonstop employment for the same company. This means that you cannot have worked for your company for 4 months in 2016, taken a few months break, and then worked another 8 months later in the year. It does not matter whether the 4 months and 8 months of employment add up to 12 months. It also does not matter if they took place during your three year “look back period”.  Your 12 months of employment with your company must not have any gaps or breaks. You cannot work for an unrelated company in between and expect to add the time together for the one year requirement.

Please note that to meet this requirement you may have to produce proof.  Evidence of continuous employment can include employment contracts, employment visas (if relevant), and pay stubs.

 

Do you have additional questions about the one year requirement for L-1 visa petitions? Schedule an appointment or give us a call today!

How do you prove good moral character?

By Jessica Suotmaa 2

For the purposes of immigration, the United States Citizenship and Immigration Services (USCIS) defines “good moral character” as “character which measures up to the standards of average citizens of the community in which the applicant resides“.   A closer look at the Immigration and Nationality Act (INA) Section 101(b)(f),  which forms the basis of the policy guidance, tells us everything that is not good moral character.  In other words, USCIS has not clearly defined good moral character.

Whenever policy manuals lack a clear definition, it is up to you to prove you are worthy of discretion.  The person who reviews your case, whether an officer or a judge, can exercise discretion. This means they have the power to decide in favor or against you.  It is then up to you to provide enough evidence to convince them you are deserving of the benefit you desire.

Exceptions exist. For example, if you have been convicted of a crime, if you gamble for a living, if you are a “habitual drunkard”, or had an “extramarital affair which tended to destroy an existing marriage“.

If at this point you’re feeling pretty confident about your chances, note that the absence of something does not automatically mean the presence of something. The burden of proof is still on you.

Who needs to prove “Good Moral Character”?

Usually when we think of “good moral character”, we think of Legal Permanent Residents (green card holders) who want to naturalize and become U.S. citizens.  If this is you, then be prepared to provide five years worth of history.

Other situations in which we’ve had to prove “good moral character” includes removal defense, e.g., if you want to qualify for Cancellation of Removal; extreme and unusual hardship waivers (I-601, I-212), Violence Against Women Act self-petitioners (VAWA, I-360), and any request for discretionary relief.  We have prepared requests for discretionary relief with Requests for Joint Motions, Prosecutorial Discretion (PD), and in Immigration Court when we request the Immigration Judge to exercise PD and adjust our clients status in court.

There are certain instances when submitting evidence of good moral character does not help your case, e.g., late-filed asylum applications. If you’re not sure if you should provide proof of your good moral standing, consult an immigration attorney.

How do I prove I have a clean record?

If you know you have never been arrested or convicted of any crime, including DUIs, gambling mishaps, or domestic violence, then all you have to do is send in proof.  You might think immigration is the government, and the government has all your records, but it doesn’t matter. The law states that you have to submit proof of your eligibility, which USCIS will cross-reference with government records.

To do this, we recommend our clients to obtain the following:

  1. An Federal Bureau of Investigation (FBI) background check;
  2. A clearance letter from every location you have lived in over the past 5 years (minimum).

An FBI background check request for personal use requires a simple form and your fingerprint “card” from a live scan location. If you google a local live scan location nearby and ask for an “FBI” background check, they know what to do.  Some locations will even send the request in for you, but if not, you can fill out the form and mail it out with a money order or check. Keep in mind the FBI background check can take up to 12 weeks to process.

A “clearance letter”, sometimes referred to as a “police clearance letter”, used to be obtained from the local police department, but many departments, such as Los Angeles County, no longer provide them for USCIS purposes. Instead, you can obtain a “criminal clearance letter” certifying you have no criminal record from California Department of Justice (DOJ) by calling (916) 227-3822.

If you were living abroad, or are currently in a foreign country, you would need to obtain a Certificate of Non-criminal Record from your country of residence.  The official Travel.State.Gov website lists the name of the necessary document from each country, and which agency to obtain it from.

How do I show old records?

If you have prior arrests or convictions, you will need to provide certified copies of all related documents. This could include police reports from the local precinct documenting the arrest, certified court records, expulsions, and documents verifying completion of parole or community service.

You must submit certified original copies of all documents.

How do I counter negative counts on my record?

When evaluating for discretion, the government weighs the negative against the positive.  Imagine a scale where your negative history weighs three times more than each positive act.  How can you even the scale?

It’s difficult, but not impossible (depending on your individual situation).  We recommend you seek legal representation in assisting you to determine whether or not you are eligible for the relief you seek.

Without examining the details of your case, we can tell you that you would need to have done more good things, be a valuable member of your community, and provide more evidence than a person who does not have a negative history.  These “good things” can include: formal declarations and witness testimonies from you, your friends/neighbors/clients/employers/colleagues, volunteer records, charitable contributions, community participation, and awards of recognition.

What can I do to prepare for future applications?

Now that you know that proving good moral character is not just about avoiding trouble, but also about proving you’re a good person.  The problem many of our clients face is that it’s easy to get in trouble, and those records are usually readily available to be found, but evidence of good deeds often go unnoticed.  Our clients don’t remember every fundraiser they participated in, are not formally in any organization, and feel embarrassed to ask for declarations from their community.

We know it’s difficult, and if it were our case, we’re not sure we would be able to meet USCIS’ 30 day deadlines either. However, if you know you want to naturalize one day, or you have that mishap that happened a long time ago, then let this be your reminder: start today.  Don’t get your FBI criminal summaries and clearance letters just yet, but start keeping track of your time.  Join organizations, make connections, participate in fundraisers, and volunteer on the holidays.  Each time you volunteer, ask for a letter from the organization or fundraiser. When you leave a job, ask for a recommendation letter. Helped out a friend? Ask for a favor.  Remember, the more diverse your proof, the less room for denial by discretion.

 

Do you still have questions on good moral character? Contact our experienced immigration lawyers today!

How to prove extreme and unusual hardship for immigration hardship waivers

By Jessica Suotmaa 0

Many of our clients are aware that they need, or will need, a I-601 or I-601A waiver in order to re-enter or apply for a green card in the U.S. Most hardship waivers and relief require proof of “extreme and unusual hardship” to qualify.  Many of our clients feel that they meet the requirements. So the question is, how do we prove to Immigration, United States Citizenship and Immigration Services (USCIS), that our clients have extreme and unusual hardship?

What is “Extreme and Unusual Hardship” anyway?

USCIS has released a list of common factors for extreme hardship.

  • Health 
    • e.g., ongoing special treatment for physical or mental condition, chronic vs. acute or long- vs. short-term care
  • Financial considerations
    • e.g., sale of home/business, cost of care for elderly and sick parents, special education needs of children
  • Education
    • e.g., disruption of current education program,
  • Personal considerations
    • e.g., family connection, length of community/social ties
  • Special factors
    • e.g., fear of persecution, social ostracism or stigma
  • Significant factors
    • e.g. asylum, refugee, or other temporary protection status

This is in no way a complete list. You may have a situation that is not listed but would qualify for extreme and unusual hardship. If you have questions, feel free to ask a lawyer.

Who qualifies for “extreme and unusual hardship”?

USCIS only considers hardship on a “qualifying relative”, not the applicant. Only the applicant’s U.S. citizen parents or spouse qualify for hardship.  The entire application is based on the hardship the applicant’s qualifying relative will suffer if the applicant is deported or not allowed to re-enter the country.

This is not to say you cannot submit items related to, for example, your U.S. citizen children. It just means that any hardship from your children must be presented in relation to how it will pose as hardship to your spouse/parent.

How can I prove “extreme and unusual hardship”?

The specific evidence needed to prove extreme and unusual hardship depends on your individual situation, the factors you qualify for, and the strength of those factors. Having said that, it’s important to know that any statement or explanation should be backed up by evidence. The burden of proving extreme and unusual hardship is on the applicant.

For example, if you claim hardship based on medical or health concerns, you need to submit medical reports and/or a healthcare professional’s statement.  If for some reason you cannot get a copy or a new statement about your condition, you need to explain why.

Here are some examples USCIS has listed in their policy manual:

  • Payroll and tax statements to show employment and business ties
  • Evidence of monthly spending, such as mortgage statements, rental agreements, bills and invoices
  • Medical documentation for any health concerns
  • Expert opinions
  • Records of members in community organizations, volunteer confirmation and evidence of cultural affiliations
  • Birth/marriage/adoption certificates proving family ties
  • Country condition reports
  • Affidavits by qualifying relative declaring personal knowledge of claimed hardships

In addition, our office usually provides a budget template to see if our clients qualify for financial hardship. We research the city, county, and country you’d be living in, and we help you look for jobs, schools, or even medical facilities.

What does it mean to prove “extreme hardship under two scenarios”?

USCIS requires that extreme hardship be proven under two scenarios: 1. where the applicant is deported or not allowed to re-enter, and 2. where the applicant leaves/does not re-enter but the qualifying relative(s) lives with them outside the U.S.

Many of our clients who are “qualifying relatives” will often exclaim that they do not want to consider “the other scenario” because it is not an option for them.  Keep in mind that these scenarios are hypothetical right now, but could become reality should the waiver or relief not be granted. As such, we need to consider them as we would consider any international move: with detail and seriousness. Every claim made has to be supported by evidence.

What is not considered “extreme and unusual hardship”?

The opposite of “extreme and unusual hardship” is common hardship.  Expected consequences of denial or readmission or deportation include:

  • the heartbreak of family separation
  • less income or financial ruin
  • challenges in adjusting to another country
  • poorer education opportunities abroad
  • poorer medical services abroad
  • poorer employment or career opportunities abroad

The USCIS Policy Manual, Volume 9, Part B, Chapter 5, Extreme Hardship Considerations and Factors goes into detail with examples of what counts as “common hardship” and what counts as “extreme and unusual hardship”.

5 Things to Know About Sessions' Recent Asylum Decision re: Domestic and Gang Violence

By Jessica Suotmaa 0

We have been carefully following Attorney General Jeffrey Sessions’ review of the domestic violence asylum case (Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014)), which he overturned on June 11, 2018.  While our previous post on Sessions’ asylum decision was rather detailed, this post will outline the top five things you need to know from his decision.

  1. “Particular Social Group” category definition

Sessions states that persecution is usually government persecution, and while he did not define exactly what the catch-all “particular social group” includes, he does list all the boxes the particular case did not check.

The particular social group must…

  1. …be widely “understood to be a societal faction or a recognized segment of the population” in the applicant’s home country.
  2. …have members who share a “common immutable characteristic”, such as one “that either is beyond the power of an individual to change or is so fundamental to individual identity or conscience that it ought not be required to be changed.”
  3. …not be too wide in definition, such as “married women in Guatemala who are unable to leave their relationship”.
  4. …not be too narrow in definition, such as “El Salvadoran women who are unable to leave their domestic relationships where they have children in common”.
  5. …not be helped by the government (when not directly persecuted by the government).
  6. …must be the primary cause for asylum.

In the case of gang violence, Sessions explains how immigration judges have previously determined that victims of gang violence are not a “particular social group” but come from “all segments of society” and cannot be grouped together. So while it seems that gang members are a social group, victims of gang members are unfortunately not.

  1. Burden of Proof

Sessions highlights that the “burden of proof” lays with the applicant, meaning the applicant must show enough evidence to prove her need for asylum. The evidence must meet all the elements for asylum, which is determined by the asylum officer, immigration judge, or the Board of Immigration Appeals (BIA).

An example of bearing the burden of proof is by proving “group membership”. An applicant is expected to know the origins of the particular social group and be able to describe her membership.

  1. Credibility

Sessions has stated that if an applicant’s asylum claim is “fatally flawed in one respect, [then] immigration officers and judges need not examine the remaining elements of the asylum claim”. This basically means the applicant’s story must add up and be fool proof. If there are any question marks that constitute a “flaw” in reasoning, then the asylum application can be instantly denied without further review.

Applicants may notice the results of this decision at Immigration when observing asylum interviews that last mere minutes.

  1. Government’s Responsibility

To qualify for asylum, the applicant must prove that her government is unable or unwilling to protect her. However, if the government has made efforts but “may have problems effectively policing certain crimes”, then that reason alone is not enough to meet asylum requirements. Similarly, if “certain populations are more likely to be victims of crime”, then it is also not enough to qualify.

In the above case of domestic violence, Sessions states that for the applicant to show that the government doesn’t control private behavior well, e.g., the police don’t respond to 911 calls, is not enough. Rather, the applicant must prove that the government is not only aware of the private behavior, but also allows it to occur. If the case is that the government cannot protect the applicant, then the applicant must show evidence of the government’s inability to protect victims like her.

“The fact that the local police have not acted on a particular report of an individual crime does not necessarily mean that the government is unwilling or unable to control crime, any more than it would in the United States. There may be many reasons why a particular crime is not successfully investigated and prosecuted. Applicants must show not just that the crime has gone unpunished, but that the government is unwilling or unable to prevent it.”

  1. Scope

Finally, Sessions reminds that applicants not only have to prove all of the above and any other requirements, but also has to provide evidence as to why escape to the United States is their only option.

“When the applicant has suffered personal harm at the hands of only a few specific individuals, internal relocation would seem more reasonable than if the applicant were persecuted, broadly, by her country’s government.”

 

If you have any questions about how Sessions’ decision reversal may affect your application for asylum or immigration hearing, contact us today to talk to an experienced immigration attorney!

Should I file my USCIS immigration application online?

By Jessica Suotmaa 0

The United States Citizenship and Immigration Services (USCIS) online form processing system is designed for existing lawful permanent residents for quick and easy processing, such as renewing or replacing their green cards, applying for a travel document, or naturalization.  As USCIS has begun modernizing their website and systems, even releasing a mobile application, we wondered why we should prefer one form of application over another. Is there a difference?

To test out the system, we recently filed an I-90, Application to Replace LPR card. In this article, we will share our opinion of the online system.

What are the benefits of filing online?

No paperwork

We opt to go paperless whenever possible, which can be challenging in a law office, but shouldn’t be in our private lives. As such, we truly felt that the process of filling out a form on our cellphones was much easier than filling out an Adobe PDF on the computer, printing it out, signing the form, scanning/copying the signed form, and then buying stamps or delivering the form to the post office.

Pay online

Up till now, we have been able to pay for USCIS filing fees using either a check or money order (cashier’s checks might be an option as well).  Money orders cost money and require upfront payment, while personal checks often give clients stress because they have to maintain a certain balance on their accounts for weeks, if not months on end, while waiting for USCIS to process their check.  If at the time of processing the account does not have enough to cover the filing fees, USCIS rejects the applications and mails the entire package back to us.

Paying for your USCIS filing fees online is like online shopping: you insert your card number and it’s done. Instant, simple, and most importantly: stress-free.

Secure updates

Have you ever filed something and then waited for the results in the mail? Snail-mail can seemingly take forever, especially when coupled with USCIS processing times, and the postal service is not always reliable. Did you move? Was there a typo with your address? Did you forget an apartment number? Whatever the cause, the damage is done. You’ve sent it out and sure, you can make inquiries and address changes, but meanwhile you may not be able to check the online status of your case because you don’t have the receipt with the receipt number (a must!)

USCIS online account creation

In order to file an application online, you first have to create an online account with USCIS. Once submitted, you’ll receive all receipts, updates, and notifications to your account instantaneously.  The system will send you an email notification informing you that you have received an update or notice and you can download the PDF copy of the notice.  A paper copy is also mailed to you.  The online notifications are great for when you’re mobile, when you don’t check your P.O. box every day, or when mail gets lost in the process.  You’ll know instantly if you have a finger print appointment, an interview, or a request for further evidence (RFE).

Updates on my cellphone

Finally, we felt the online application process saved us a lot of headaches as everything was mobile accessible.  If you want to be updated on your USCIS case file with a mobile app, download the iOS version here and the Google Play version here  (note: not an official USCIS application). Would you like to see a review of these apps? Let us know!

How to Check your USCIS case Processing Times Online

By Jessica Suotmaa 0

One of the most common questions we receive in the office is “when will my form be processed?” Or when can I expect to be approved? When will I receive ________? While we can give you an estimate based on United States Citizenship and Immigration Services (USCIS) processing times and our experience with other clients, the best way to check processing times is to view the official website.

Before, checking the processing time “table” on the USCIS website was a long and arduous process. Today, USCIS has changed the format of checking processing times, making it easier for the layman to navigate.

Here’s how to check the processing time of a family-based I-130 Petition for Alien Relative:

  1. Go to USCIS: Check Processing Times website:

      2. Select the form you filed. For our example, we’re selecting I-130.

      3. Select the Processing Center. For our example, we’re selecting California Processing Center.

      4. Find the type of form that’s applicable to you.

Select the “Form Type” that applies to you. For our example, we might look at U.S. citizen filing for unmarried son or daughter over 21, and see that the estimated processing time is 23.5 to 30.5 months, so about 2-2.5 years.  If we filed our I-130 petition in January 2010, we can see from the “Case Inquiry Date” that USCIS is currently processing September 10, 2009, which means that we still need to wait before they will process January 2010.

 

We hope this guide has helped you how to check processing times online. If you have any further questions regarding case processing, feel free to contact our office for more assistance.

Want to get naturalized? Here's what you need to know...

By Jessica Suotmaa 0

In line with recent trends, our office has received more inquiries regarding naturalization, with more and more people realizing that they are safer as U.S. citizens than permanent residents. Note: We estimate the naturalization process to take about a year, given USCIS 700,000+ processing backlog.

The process of applying for Naturalization is as follows:

  1. Check that you qualify to be naturalized
  2. Fill out Form N-400 and gather necessary documents
  3. Mail out your completed application (or send it online)
  4. Prepare for your interview
  5. Go to your interview/test
  6. Attend the naturalization/oath ceremony

As we haven’t found a comprehensive resource for those looking to learn more about how to prepare for the interview and citizenship test beyond USCIS official resource center, we’ve compiled this list as a comprehensive resource.

Keep in mind that USCIS will test you on the following:

  • Civics: You will be asked about 10 questions on U.S. history, U.S. government, U.S. geography.
  • Listening: You will be expected to understand the officer interviewing you and converse accordingly.
  • Reading: You will be asked to read a sentence aloud during your interview.
  • Writing: You will be asked to write a sentence that is read to you (dictation).

You can prepare for the listening, reading, and writing portions of your interview by studying vocabulary lists, chatting with many different people (with different accents), and watching the news.

Official information:

Form help:

Interview help:

Citizenship test help:

Podcasts:

Apps:

 

Do you know of additional resources that we can add to this list? Let us know!

Use your receipt number and check your USCIS case status online

By Lum Law Group 0

Immigration clients often call in for their immigration case statuses, wondering if an attorney has more insight into their USCIS case processing than they do. The truth is that most of the time when they call us, we check their status online.

Back in the day, we would have to make a note of it, call a 1-800 customer service number, hold for an hour or two, and then call our client back with an update.  Today, we can check our client’s USCIS application or petition status while on the phone with them.

We do this so often, we thought we would create a tutorial for those of you who are unfamiliar with the USCIS online status check:

Try it out and tell us what you think!

Now, if your case is well-beyond the USCIS processing times and it still shows an old status (“pending”), then we would send an inquiry on behalf of our client.  Case inquiries used to have to be done by email (they still can be done by email), but now USCIS has created a form submission website for convenience.  Click here to see how USCIS allows you to inquire online.

Did you find that helpful? Would you like to see more video tutorials? Let us know what you think!

Is your EB-5 Investment a SCAM?

By Lum Law Group 1

The U.S. EB-5 Immigrant Investment Program offers foreign investors and entrepreneurs permanent residence (a green card) in exchange for an investment of $1 million (or $500,000 for targeted employment areas) and job creation.  Over the years, EB-5 investment has virtually guaranteed its investors citizenship, even if it cannot guarantee a return on its high-risk investment.  However, recent years have revealed that many EB-5 marketing agencies, EB-5 regional centers, and EB-5 projects were nothing but utopian pyramid and ponzi schemes.

If you didn’t know about the warning…

Every year, the US releases 10,000 visas to EB-5 immigrant investors, but it wasn’t till 2013 that all 10,000 visas were claimed.  Since then, the government has released an official warning to investors regarding the prevalence of EB-5 fraud.  In the warning, the US Securities & Exchange Commission (SEC) reveals a few warning signs investors should steer clear of:

  • guarantees of a visa, green card, or citizenship
  • guarantees of a return on investment (5% in SEC v. Marco A. Ramirez, et al.)
  • promises of “no risk” investment
  • proof of overly consistent returns on investment
  • agencies that promote a business before USCIS has designated it as a Regional Center
  • promises to refund Regional Center administrative fees if the EB-5 visas are denied (SEC v. A Chicago Convention Center, et al.)
  • unregistered investments
  • unlicensed sellers
  • many companies run by a handful of people

If you’re curious about past cases of fraud…

Other well-known EB-5 fraud cases include:

  • USA v. Jennifer Yang, Daniel Wu – Californian (norcal) couple raised $4 million between 2009 and 2016 through the EB-5 visa program by defrauding the gov’t with fake reports, fake employees, etc.
  • Edward Chen, Jean Chen – Californian Chinese-American couple raised $22.5 million through Chinese EB-5 investors and stole more than $12 million, misappropriating more than 91 percent of the investors’ funds, and defrauding the gov’t by issuing leases with fake information.
  • Victoria Chan, California Investment Immigration Fund –  South El Monte-based father-daughter duo raised over $50 million from Chinese investors by submitting over 130 fraudulent EB-5 applications.
  • Jay Peak, Inc. – A ski resort company raised $360 million between 2006 and 2016 for various construction projects that were not realized.
  • Xin “Lisa” Wang, Charles C. Liu – Raised $27 million to build a proton-beam cancer treatment center, but 18 months later it was discovered the funds had just been divided among the agents (Los Angeles, 2016).
  • Emilio Francisco, PDC Capital – Californian (OC) Attorney collected $72 million from investors to fund various projects from coffee shops to assisted living facilities only to divert at least $9.6 million for his personal use.
  • Steve Qi – Alhambra-based attorney sued for pocketing money from both investors and regional centers while fraudulently promoting EB-5 projects based on personal gain.
  • Anshoo Sethi, A Chicago Convention Center LLC – Chicago-based attorney raised over $158 million through over 290 Chinese investors for a hotel project that never took off.

If you’re looking to invest…

The SEC also offers helpful tips as to how to avoid EB-5 fraud:

  • Confirm a Regional Center is on the official list
  • Ask the Regional Center for official USCIS documents, such as the form I-924, and I-924A
  • Ask for a copy of the written investment memorandum
  • Ask if the agents/promoters are being paid
  • Hire a third-party to verify the investment
  • Weight the risk by reviewing the loan documents
  • Confirm if the developers have also invested in the project
  • Confirm a regional center can operate in your geographic location

If you’re worried…

If you have reason to believe an EB-5 investment project is a scam, or a Regional Center, agent, or seller is suspicious, you can report their activities to the SEC here. The SEC typically offers a monetary award to successful whistle-blowers. Scams can also be reported through Immigration (USCIS) or the Federal Trade Commission (FTC).

If you’ve already invested…

The attorneys at Lum Law Group has experienced business litigators with traditional EB-5 and class-action law suit experience.  If you believe your investment qualifies as EB-5 fraud, we can help you. In the end, EB-5 is nothing more than a business contract.

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.

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!

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!

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.