Archive for May, 2010
F-1 Students: Beware of Falling Out of Status
Over the years, I have seen many cases of international students falling out of status for reasons that could have been avoided. Typical scenarios include dropping below the required 12 units per term, or failure to pay tuition in time, as well as other seemingly minor violations.
When an F-1 student falls out of status, there are usually two options for fixing the problem:
1) the student can leave the country and seek re-entry with a new Form I-20 provided by the university. Depending on the situation, it may also be prudent to obtain a new visa at the U.S. consulate;
2) the student can apply to USCIS for reinstatement of their F-1 status. Essentially, the student must then prove to USCIS that failure to maintain status occurred through circumstances beyond the student’s control.
Both courses of action involve risk and uncertainty, and it’s best to avoid having to go down either path. I always advise students to be as proactive as possible in maintaining their status. This involves being in regular contact with your international student office, and making sure that the advisors in that office have everything they need from you in order to maintain your record in the SEVIS system
If you require assistance with F-1 immigration issues, please contact one of our San Francisco Immigration Attorneys who can assist you.
Tags: F-1, I-20, international students, reinstatement, SEVIS
Posted in F-1 | Read More »
Have You Been Convicted of a Crime? Speak with an Immigration Attorney Before You Travel!
If you are a lawful permanent resident or a lawful nonimmigrant residing in the U.S. with a criminal conviction in your past, and you plan to travel outside the U.S. and re-enter, it is critical that you consult with an attorney prior to departing the US.
Certain crimes are considered Crimes Involving Moral Turpitude (CIMT) under our immigration laws. These crimes can make you inadmissible to the U.S.
Even if you are a long-term resident of the U.S. with one prior conviction, you could have trouble re-entering the U.S if the crime you were convicted of is considered a CIMT. This may be true even if you served a jail sentence, satisfied your probation requirements, and are otherwise now a model citizen. It is essential to analyze the conviction or convictions in your case to determine whether or not you are inadmissible to the U.S.
Do not find out the hard way that you have a problem. Please consult with an immigration attorney prior to travel.
Tags: CIMT, crime moral turpitude, immigration, inadmissibility, nonimmigrant, re-entry, resident, travel
Posted in Crimes and Immigration | Read More »
What should I expect at my marriage-based green card interview?
Marriage-based green card interviews are scheduled in cases where a U.S. citizen has petitioned for his/her spouse’s lawful permanent residence. Once the case is filed, reviewed and biometrics have been taken, the USCIS will schedule the couple for an interview at a USCIS local district office closest to their residence. The purpose of the interview is to determine whether the marital relationship is bona fide. It is critical to be well-prepared for these interviews. The interview occurs in an office setting, with the couple sitting across the desk from the USCIS officer. Attorneys are allowed to be present at these interviews, but typically sit off to the side as a watchdog over the USCIS officer.
During this interview, the officer will place the couple under oath, review their original documents (marriage certificate, joint documents, etc.) and ask questions about the documentation provided and the couple’s relationship. The questions typically include the following (although this is not an exhaustive list):
1. How did you meet?
2. When did you start dating?
3. How long were you dating before you became engaged?
4. Who proposed to whom?
5. When did you get married?
6. What was the wedding like?
7. Were your families at the wedding?
8. If not, why not?
9. Have you met each other’s families?
10. What are their names? (asking one about the other’s family)
11. What are your plans in the next 5 years?
Please contact our immigration law office if you need assistance with preparing for your marriage-based green card interview.
Tags: adjustment of status, bona fide marriage, marriage green card, marriage interview
Posted in FAQ Marriage-Based Green Card | Read More »
Do I qualify for L-1A status as a professional or functional manager?
L-1A status is available to managers or executives who are being transferred from a foreign company to a U.S. subsidiary, branch or parent of that foreign company. The person must have worked abroad for at least one year within the three years preceding the filing of the petition in an executive or managerial role.
There are two ways to qualify as an L-1A manager. The first involves showing that the L-1A applicant will manage a professional employee or employees (i.e. is a professional manager). Professional typically means that the employees have a minimum of a Bachelor’s degree in a relevant field. The second way to qualify is by demonstrating that the L-1A applicant will manage essential functions of the U.S. company (i.e. is a functional manager). This could be a division, department, operations, etc.
The USCIS has been scrutinizing L-1A functional manager petitions more closely in recent years. It is best to demonstrate that the L-1A manager will oversee professional employees and manage essential functions of the company, rather than solely rely on functional manager duties.
Please contact our immigration law firm if you’d like assistance with your L-1A petition or have questions about this category.
Tags: executive, functional manager, L-1, L-1A, manager, professional manager
Posted in FAQ L-1 | Read More »
I am in H-4 status. May I attend a U.S. college or university?
Yes. An H-4 derivative visa holder may not work, but may attend school while in H-4 status. H-4 status is available to spouses and children of H-1B visa holders. An H-4 visa holder is not required to obtain a separate F-1 student visa in order to enroll in school. However, if the principal H-1B visa holder’s status ends or expires, the H-4 student would need to change status to F-1 in order to continue his/her studies. Similarly, if the H-4 student is a derivative of his/her H-1B parent and the child turns 21 years old, he/she would need to change status to F-1 to continue in school.
Please don’t hesitate to contact our immigration law firm if you have questions or need assistance with H-4 or F-1 status.
Tags: college, F-1, H-4, school, student, university
Posted in FAQ - H-4 | Read More »
May I qualify for H-1B status without a degree?
Yes, provided you have enough experience to be the equivalent of a college degree. The USCIS considers 3 years of experience to equal 1 year of college education. In the U.S., college is typically completed in 4 years, which is the standard the USCIS follows. Thus, if a person has never obtained any college credit, he/she would need to have 12 years of professional experience to meet the H-1B qualifications requirement (i.e. 3 years of experience x 4 years of college = 12 years).
If a person has an Associate’s degree or a few years of college credit, he/she would only need to make up the remaining time in experience. The formula is the same. For example, if 2 years of college was completed, the person would need to demonstrate only 6 years of relevant experience.
The experience being used in this regard must be relevant to the H-1B position and the individual must be able to submit documentation attesting to this experience (i.e. employment verification letters from prior employers). It is also helpful to get letters from experts in the field, including from professors who can issue college credit, stating that the individual’s experience is equivalent to a college degree.
Please contact our immigration law office if you would like to discuss your qualifications for the H-1B category.
Tags: college degree, experience, H-1B
Posted in FAQ H-1B | Read More »
