Posts Tagged ‘green card’
Do I need a re-entry permit to enter the U.S.?
Re-entry permits are required for lawful permanent residents (“green card holders”) who intend to be outside the U.S. for 1 year or more but who want to preserve their immigrant status. This includes those traveling, working, and/or residing abroad. If a green card holder is going to be outside the U.S. for less than 1 year, a re-entry permit may not be required to maintain status.
Re-entry permits are generally granted for 2 years and cannot be extended. However, a person with a re-entry permit may enter the U.S. before the expiration of the 2 years and apply for a new 2-year period. Applicants must apply for a re-entry permit while physically present in the U.S. Please note that the USCIS requires that biometrics be taken for these applications and it is best to complete the required biometrics before departing the U.S. If not, the USCIS may deny the application if the applicant does not complete the required biometrics in a timely fashion.
Even though a person holds a valid re-entry permit, the Department of Homeland Security (DHS) may still inquire about the person’s absence from the U.S. This is more common if the individual has been living abroad for several years. Please note that if a person stays outside the U.S. for 1 year or more without a re-entry permit, the DHS considers this an abandonment of the green card.
Please contact our San Francisco immigration law firm if you’d like assistance with a re-entry permit or have questions about the requirements or process.
Tags: abandonment, Form I-131, green card, lawful permanent residence, re-entry permit
Posted in FAQ Employment-Based Green Card, FAQ Marriage-Based Green Card, Immigrant Visas, USCIS | Read More »
Do I qualify for the EB-5 category?
The EB-5 category is used by foreign investors who desire to live in the U.S. permanently (in “green card” status). In general, the applicant must invest a minimum $1 million into a new commercial enterprise that will or does employ 10 full-time U.S. citizens or green card holders. The applicant must engage in the new enterprise through day-to-day management or policy formation.
There are two alternatives to the $1 million requirement. The first is if the applicant is investing in a targeted rural area plagued by unemployment. In that case, the investment must be a minimum of $500,000. The second alternative is to invest in an already-established Regional Center for a minimum of $500,000.
The EB-5 category has grown increasingly popular over the recent years perhaps due to the struggling U.S. economy and the ensuing opportunities for investment. The USCIS recently held a stakeholders meeting to discuss the EB-5 category and reported that 955 applications out of 1100 have been approved in FY2010 (i.e. since October 1, 2009 to the present). Some applications remaining pending and only a small percentage have been denied. This means that the USCIS is seeing value in these investments and this category.
If you or someone you know would like to discuss the possibility of obtaining EB-5 status, please don’t hesitate to contact our immigration law firm.
Tags: $1 million, EB-5, green card, investment, investor, Regional Center
Posted in FAQ - EB-5, Immigrant Visas | Read More »
When is it okay to change to a new employer during my employment-based green card process?
A person with a pending employment-based green card petition may change to a new employer once his/her I-140 immigrant petition is approved and the I-485 green card application has been pending 180 days or more. The individual must take a position with the new employer that is the same or similar to the position for which the green card petition was filed. If these elements are met, the green card petition can remain active and pending through the new employer.
The new employer and employee may choose to notify the immigration service of this change. Please note that if the I-140 immigrant petition is withdrawn before 180 days or the immigration service denies or revokes the I-140 approval at any time, the employment-based green card process will most likely result in a denial. Please contact our immigration law office if you have questions about your employment options during the green card process.
Tags: change employer, EB-2, EB-3, employment-based, green card, immigrant petition, permanent resident petition
Posted in FAQ Employment-Based Green Card, Immigrant Visas | Read More »
When do I need a joint sponsor for my marriage-based green card case?
As a general rule, the U.S. citizen petitioner in a marriage-based green card case must show the United States Citizenship and Immigration Services (USCIS) that he/she has sufficient income to ensure that the beneficiary-spouse will not become a public charge (i.e. need welfare benefits, etc.). This information is set forth on what is known as an Affidavit of Support, which is filed at the same time as the green card petition. The petitioner’s income must meet or exceed 125% of the Federal poverty guidelines indicated for petitioner’s household size. The Federal poverty guidelines are updated each year and published by the Federal government. The current guidelines are found at this link: http://www.uscis.gov/files/form/i-864p.pdf. For example, currently, for a household of two, the amount that a sponsor must meet or exceed is $18,212 per year.
If the petitioner cannot meet the income requirements for his/her household size, he/she must have a U.S. citizen joint sponsor for the green card petition, which is typically a family member or friend (although it can be any U.S. citizen willing to jointly-sponsor the beneficiary). The joint sponsor will sign a separate Affidavit of Support and attest that the beneficiary will not become a public charge. The petitioner’s Affidavit of Support and the joint sponsor’s Affidavit of Support will both be included in the green card petition, along with supporting documentation confirming the income stated. Examples of supporting documents include tax returns, recent paystubs, and a letter from the sponsor/joint sponsor’s employer verifying the person’s salary and employment. If you need assistance with your marriage-based green card petition or have any questions about the above joint sponsorship requirements, please don’t hesitate to contact our office.
Tags: green card, I-130, joint sponsor, marriage-based, permanent resident, spouse
Posted in FAQ Marriage-Based Green Card, Immigrant Visas | Read More »
May I have intent to immigrate in H-1B status?
The H-1B category allows for dual intent, which means both short-term nonimmigrant intent and long-term immigrant intent. H-1B status is a temporary status for an individual working in a specialty occupation (i.e. in a job that requires a degree or the equivalent). An individual who intends to hold H-1B status temporarily and then return to his/her home country has nonimmigrant intent. An individual who has the short-term intent to work in H-1B status and the long-term intent to live in the U.S. permanently has both nonimmigrant and immigrant intent (i.e. dual intent), which is permitted. Case law has held that the mere desire to obtain permanent residence in the future does not, by itself, automatically disqualify an alien from admission as a nonimmigrant. The United States Citizenship and Immigration Services (USCIS) recognizes dual intent not only for the H category, but for the L, O, P and E categories as well. Please don’t hesitate to contact our office if you have questions about dual intent or would like our assistance with your visa or green card petition.
Tags: dual intent, green card, H-1B, immigrant, immigrate
Posted in FAQ H-1B, H-1B, Immigrant Visas | Read More »
Widow Penalty: The End of Insult to Injury
Congress has just voted to put an end to the “widow penalty”, that provision of the Immigration and Nationality Act that rendered surviving spouses and their children deportable following the death of the U.S. citizen spouse. President Obama is expected to sign the bill into law. This new legislation allows surviving spouses who were married for less than two years at the time of the U.S. citizen spouse’s death to self-petition for permanent residency within two years of the enactment of this new law. (Surviving spouses who were married for more than two years at the time of death of the U.S. citizen spouse already had the ability to self-petition). The new law does not require that an immigrant visa petition be on file, and it applies both to surviving spouses who live in the U.S., and to those who live abroad. Additionally, in cases there the surviving spouse was already a beneficiary of an immigrant visa petition filed on their behalf prior to the death of their U.S. citizen spouse, it is expected that such immigrant visa petition will automatically convert into a self-petition situation. For more information, see http://www.ssad.org. It’s nice to see a positive development from Congress in the immigration arena . Now, how about that comprehensive immigration reform?
Tags: comprehensive immigration reform, green card, immigrant visa, permanent residency, self-petition, surviving spouse, widow penalty
Posted in Politics/Current Events | Read More »
Upcoming Presentations by Gali Schaham Gordon
NAFSA Regional Conference Region XII
The NAFSA: Association of International Educators is a member organization promoting international education. Its regional conference for 2009 – titled International Education – Navigating Across Borders – will be held in San Diego, California, at the end of October. Gali is speaking at the conference in a session titled Beyond OPT: How students can stay in the US. The details are as follows:
October 26 – 30, 2009 in San Diego, California
Pre-conference Workshops Oct 26-27
Main Conference Sessions Oct 28-30
Registration: http://www.nafsa.org/events.sec/conferences.pg/nafsa_regional_conferences/
HR Wine & Agriculture Conference
The NCHRA (Northern CA HR Association) Wine & Agriculture Conference is an opportunity for HR management personnel in the wine and agriculture industries to attend various workshops relevant to these fields. Gali will be speaking on immigration issues relevant to the wine industry. The details are as follows:
November 16, 2009
The Meritage Resort and Spa, 875 Bordeaux Way, Napa, California 94558
NCHRA Members: $340 / General: $425 (Join NCHRA for $150 and attend at the member rate)
Scholarships & Group Rates Available
Registration: http://www.nchra.org/staticcontent/download/CF90701.pdf
Tags: agriculture, green card, H-1B, H-2A, H-2b, human resources, international, OPT, student, visa, wine
Posted in Events and Presentations | Read More »
I Have an H-1B Visa. Can I work for more than one employer?
As an H-1B visa holder, you may work for more than one employer. However, each employer must file a separate H-1B petition on your behalf. H-1B status does not allow you to work everywhere and in any capacity, the way that a green card or an Employment Authorization Document (EAD) does. You are only permitted to work pursuant to the terms of the H-1B petition approved by USCIS.
If you are already in H-1B status and a petition for concurrent H-1B employment is filed for you, you won’t need to worry about whether or not there are H-1B visa numbers available that year. You have already been “counted”, and therefore the issue of the H-1B quota does not apply to you. Even if your initial H-1B was exempt from the numerical cap, you may still work concurrently for a non-exempt employer without having to be counted. This is only the case if the non-exempt employment is concurrent.
These days, we don’t have to worry much about the H-1B cap, though, since there are plenty of H-1B’s left at the moment. As of the latest count, only about 45,000 visa numbers had been used.
Tags: concurrent employment, EAD, exempt, green card, H-1B, H-1B quota, non-exempt
Posted in FAQ H-1B, H-1B | Read More »
I Have My Green Card. Now Can I Leave the U.S.?
A green card holder can generally leave the U.S. anytime for temporary and finite absences abroad without jeopardizing their permanent residency status. If a green card holder is out of the U.S. for more than one year, Immigration takes the position that residency has been abandoned. In certain cases, even absences of less than one year can result in abandonment of permanent resident status if a person lives and works abroad, files taxes as a nonresident, or otherwise demonstrates an intention to abandon residency. DHS will look at such factors as family and employment ties in the U.S., income tax returns, memberships in clubs or religious organizations, as well as existence of a mortgage or residential lease to determine whether permanent residency in the U.S. has been abandoned. If you are planning to spend a prolonged period of time outside the U.S. and wish to maintain your green card status, it may be prudent, depending on the circumstances, to obtain a re-entry permit, which will allow you to be absent from the U.S. for as long as two years.
This is the first in a series of FAQ postings. There are many questions that come up frequently in our practice, and I intend to answer them on this blog. Stay tuned for more answers to Immigration FAQ’s.
Tags: abandonment of permanent residency, FAQ, green card, immigration, income taxes, nonresident, re-entry permit
Posted in FAQ H-1B, H-1B | Read More »
