Posts Tagged ‘green card’
EB-2 CATEGORY WILL ADVANCE 1 YEAR ON FEBRUARY 1, 2012!
The EB-2 (employment-based second preference) green card category for advanced degreed professionals will advance 1 year on the February 2012 Department of State Visa Bulletin for individuals from mainland China and India.
Congress allots a certain number of immigrant visas each year for various categories and countries. Foreign nationals in the EB-2 category from India and China typically wait several years for a green card “number” to become available to them as there is a backlog with these applications. The wait is based on an applicant’s “priority date” which he/she obtains when the first step of the green card process is filed. Until that date is current on the Visa Bulletin (published monthly), the individual cannot submit (and the officers cannot adjudicate) the final paperwork for a green card.
In the January 2012 Visa Bulletin, the applications being reviewed for Chinese and Indian nationals in the EB-2 category have priority dates of January 1, 2009 and earlier. In the February 2012 Visa Bulletin, the priority date will jump to January 1, 2010 and earlier, cutting off a full year of waiting. This is great news for individuals with priority dates between January 1, 2009 and January 1, 2010 as they can now submit their final paperwork for a green card.
Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with a green card application or have any questions about the above.
Tags: advanced degree professional, EB-2, green card, I-485, lawful permanent resident, priority date, visa bulletin
Posted in Alerts, Immigrant Visas, USCIS | Read More »
RULE MAY ALLOW UNLAWFUL PRESENCE WAIVERS TO BE FILED WITHIN U.S., KEEPING FAMILIES TOGETHER
The USCIS announced a proposal January 6, 2012 that would streamline and humanize the application process for undocumented foreign national spouses and children of U.S. citizens who apply for legal permanent resident status (green card status). The proposed rule does not apply to spouses and children of green card holders (only citizens).
Under the current rules, an undocumented individual who is eligible for green card status must leave the country to apply and process the paperwork. However, once he/she leaves, the person triggers a 3-year or 10-year bar to the U.S. if he/she was unlawfully present in the U.S. for more than 180 days. The processing times abroad for waivers and applications can range from months to years and keep families separated.
If the proposed rule becomes final, undocumented foreign nationals who would trigger a bar upon leaving will be allowed to apply for the waiver from within the U.S. and remain with their families until it is time to process the green card application abroad. Note that applicants would still be required to depart from the U.S. before receiving final approval on their green card application, however the wait abroad will be much shorter.
The government believes that this new rule would encourage applicants to come forward and create a faster and safer means for processing applications. As it stands, many individuals remain under the radar and never apply for status so they do not get separated from their loved ones.
Stay tuned for future posts on this important change to the law.
Tags: family unity, green card, lawful permanent resident, proposed rule, unlawful presence, waiver
Posted in Alerts, Immigrant Visas, immigration reform, Politics/Current Events | Read More »
U.S. CONSULATE IN CHENNAI, INDIA NO LONGER PROCESSING IMMIGRANT VISAS
As of January 1, 2012, the U.S. Consulate in Chennai, India will no longer process immigrant visas. An immigrant visa allows a foreign national entry to the U.S. as a permanent resident (green card holder). The U.S. Consulates in Mumbai (Bombay) and New Delhi will be the only Consulates processing immigrant visas going forward.
An immigrant visa is typically obtained after a family member or employer has sponsored a foreign national for permanent status in the U.S. This is the second step following approval of an immigrant petition in the U.S.
Applicants currently in the process of obtaining an immigrant visa in Chennai may contact ChennaiIVU@state.gov for clarification on their status.
Tags: Chennai, green card, immigrant visa, India
Posted in Alerts, Immigrant Visas | Read More »
WHAT ARE THE REQUIREMENTS FOR U.S. CITIZENSHIP?
For most applicants, the following requirements must be met to apply for U.S. citizenship (also known as, naturalization):
1. The person must have been a lawful permanent resident (green card holder) for the 5 years immediately preceding the filing of the petition
2. The person must have 5 years of continuous residence in the U.S. without leaving the U.S. for trips of 6 months or longer
3. The person must have been physically present in the U.S. for at least 30 months during the green card period
4. The person must be present in the state in which he/she is applying for at least 3 months
5. The person must be of good moral character, which means there are no criminal or tax issues preventing U.S. citizenship
There are other ways to achieve naturalization if special circumstances apply. For example, if the person is in the military, lives abroad, or obtained his/her green card based on marriage to a U.S. citizen. In those situations, different residency requirements would apply. Please don’t hesitate to contact our San Francisco Law Office if you need assistance with a citizenship application.
Tags: green card, naturalization, permanent residency, U.S. citizenship
Posted in FAQ - Citizenship, naturalization | Read More »
ALERT: 10/28/11 Deadline for Certain Widow(er)s to File I-360 Green Card Petition
There is a rule that allows surviving foreign national spouses to file for green card status following the death of their U.S. citizen husband or wife. The rule used to be that the couple had to be married two years at the time of the death for the foreign national to qualify. On October 28, 2009, a law abolished this requirement. Now, widow(er)s of U.S. citizens married for any length of time (even shorter than two years) can file an I-360 self-petition for immediate relative green card status. However, the law states that the petition must be filed within two years of the U.S. citizen’s death.
For deaths that occurred prior to October 28, 2009 when the above law passed, widow(er)s must file their I-360 green card petitions by October 28, 2011. This is a very important deadline. Such widow(er)s will not be able to qualify for this type of green card petition otherwise if they miss the deadline.
Please contact our San Francisco immigration law office if you need assistance with filing an I-360 petition by October 28, 2011.
Tags: green card, I-360, immediate relative, U.S. citizen death, widow, widower
Posted in Alerts, FAQ Marriage-Based Green Card, Immigrant Visas | Read More »
Update on Labor Certification: More Scrutiny by DOL?
The Department of Labor has announced in its annual performance report that it will apply stricter scrutiny to all labor certification applications. The electronic PERM application will be revised once it expires in June 2011, and presumably the form will become longer, more exacting and more complicated. Whether or not audits will increase is unclear, but it stands to reason that they may. Perhaps the recent quick PERM adjudications will soon be a thing of the past. As if that isn’t enough bad news for one day, DOL also intends to propose a new PERM filing fee payable by the employer.
Tags: Department of Labor, DOL, ETA 9089, green card, immigration, labor certification, PERM
Posted in FAQ Employment-Based Green Card | Read More »
Green Cards for Haitian Orphans
Last week the U.S. Congress passed the Help Haiti Act of 2010 (H.R. 5283), which grants legal permanent resident (LPR) status to up to 1400 Haitian minors orphaned by Haiti’s devastating earthquake in January 2010. To qualify, the individuals must be physically present in the U.S. and have been granted humanitarian parole by the Department of Homeland Security’s Secretary Janet Napolitano between January 18, 2010 and April 15, 2010.
Tags: green card, Haiti, Help Haiti Act, lawful permanent residence, orphan
Posted in Alerts, Immigrant Visas | Read More »
A Re-Entry Permit is Not a Guarantee of Admission
A lawful permanent resident (LPR) must present an admission document upon entering the U.S. Typically, this is an LPR card (i.e. green card). In circumstances where the LPR has remained outside the U.S. for an extended period of time (typically, 1 year or more), a re-entry permit must also be presented upon entry. This document communicates to the immigration officers that the LPR is not abandoning his/her green card by remaining outside the U.S. for a long period of time.
One common misconception about a re-entry permit is that the LPR will receive automatic admission to the U.S. by having the document in hand. Re-entry permits actually do not guarantee admission to the U.S. That is, possession of a re-entry permit does not prevent the Department of Homeland Security (DHS) from inquiring as to whether the LPR abandoned his/her permanent residency. All the re-entry permit does is prevent the DHS from relying solely on the duration of the absence as a basis for determining the LPR’s abandonment of the green card.
Please contact our San Francisco immigration law firm if you have questions about the above or need assistance with a re-entry permit.
Tags: abandonment of LPR, green card, lawful permanent resident, re-entry permit
Posted in Immigrant Visas, USCIS | Read More »
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 »
