Atlanta Family-Based Immigration Attorneys

If you are looking for an immigration attorney in Atlanta, you need to make sure you get a high-quality legal team that can give you the best results possible. Having the right attorney can mean the difference between being able to apply for a green card and being stuck in an illegal status. You will want to make sure that you take the time to find an attorney that has the experience and is a good fit for you and your family.

Uzo Akpele

If you are planning to move to another country, you may want to consult with an experienced immigration attorney. The process can be complicated, and you need an attorney to help you through it. With an experienced attorney on your side, you can have a solid legal strategy that will get you through the process.

Uzo Akpele, Atlanta Family-Based Immigration Attorneys, has nearly two decades of experience in the field of immigration. She has extensive experience with both business and family-based immigration, and she can provide sound legal advice. Whether you are looking for a green card, a work visa, or citizenship waivers, she can help.

Uzo offers personalized services to her clients, and she often gives lectures about immigration law. In addition, she is an active member of her community. Recently, she started learning Spanish to better serve her clients. So, if you are in the Atlanta area and need legal help with your immigration case, don’t hesitate to contact her.

Ayan Salah

Salah Immigration Law, LLC is an Atlanta-based law firm that specializes in family-based immigration cases. The law firm has a number of lawyers with decades of experience in the field. They are experts at handling the legal aspects of family-based immigration and have earned the distinction of being one of the top 10 family-based immigration firms in the country.

The firm is located at 575 Pharr Road NE Suite 52985 in Buckhead, Atlanta, Georgia 30355. The law firm has a handful of other offices in New York and Miami, and they practice in virtually every area of immigration law. As a result, they are able to help clients win even the most complex of immigration cases. In addition to handling complex family-based immigration matters, they also have the resources to handle complex criminal cases, including immigration violations involving felonies and misdemeanors. If you have been arrested, be sure to speak with a qualified criminal defense attorney.

Orgesi Pandeli

Orgesi Pandeli is a member of the Georgia bar in good standing. He is also a patented inventor and ultra-marathon runner. In fact, he is a true philanthropist, and he donates money to children’s charities in his native country of Albania.

Orgesi Pandeli’s career started when he was eight years old. At that point, he began working for the Coca-Cola Company. Later, he worked as a prosecutor and tried several criminal cases. During that time, he got a merit-based scholarship and graduated from Emory Law School. Afterward, he received trial technique training from top U.S. trial attorneys and received an honorable mention at the National Institute of Justice.

One of the most impressive things about Orgesi Pandeli is that he’s able to make a living while volunteering at the same time. He has helped thousands of immigrants pursue a life in the United States. Currently, he is managing a group of technology-savvy paralegals and lawyers. The team has helped thousands of people around the world with their immigration concerns, and they are working to help over one million immigrants in the next five years.

The Kuck Baxter Immigration Law Firm

The Kuck Baxter Immigration Law Firm is a law firm based in Atlanta, Georgia that focuses on immigration issues. This firm provides legal services to individuals and employers. Throughout the years, the firm has successfully represented hundreds of immigrants in immigration court trials. They are also very active in the community, with members participating in organizations such as the American Immigration Lawyers Association.

Kuck Baxter Immigration attorneys represent individuals, investors, and companies in all types of immigration law matters. This includes EB-5 investment visas, work visas, and a wide range of other services. In addition, the firm defends employers against I-9 audits. It also advocates for immigration reforms. These lawyers remain at the front of immigration laws, regularly interacting with federal officials.

Chuck Kuck is a founding member of the Academy of Business Immigration Lawyers and serves as the organization’s national secretary. He also serves as an adjunct professor at Emory Law School, where he teaches survey classes in immigration law. Additionally, he has served on the Board of Governors for the American Immigration Lawyers Association.

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Why You Should Contact a Family Immigration Attorney

When you are applying for your Lawful Permanent Resident card, you may want to consider hiring a Family Immigration attorney to represent you. This will ensure that you are prepared for every step of the process, and that your case is handled in a way that is best for your specific situation.

Petition for your spouse’s lawful permanent residency in the U.S.

If you are a permanent resident, you may want to petition your spouse for lawful permanent residency in the United States. Before you do, though, you should know about the process. The process can be complicated. You should not expect to obtain an immigrant visa within weeks or months of filing. Rather, you should anticipate a process that takes at least a few years.

There are a few ways to go about this. One of the quickest is a change of status or adjustment of status. Another way is to file for a family visa. Lastly, you can also petition your spouse for citizenship.

In addition to the usual documents, you will need proof of citizenship. This may be in the form of a passport or green card. A green card is a legal document that allows you to live and work in the U.S.

You should also be aware of the many other types of petitions available. For example, you can apply for a waiver of the three-ten-year bar if your spouse is a lawful permanent resident.

Apply for a green card as a Lawful Permanent Resident

If you want to live permanently in the United States, you need to apply for a Green Card. In fact, you need to have a Green Card for your American driver’s license and to open a bank account. Luckily, there are some ways to do this.

Whether you are a citizen or a non-citizen, you can apply for a Green Card. Depending on your circumstances, the process can take several months to over a year.

However, there are exceptions to this. For example, spouses of U.S. citizens may apply for a green card through consular processing outside of the United States. Similarly, unmarried children of a green card holder may also apply for a green card.

When you apply for a green card, you are considered to be a “lawful permanent resident” (LPR). LPRs have similar rights to citizens, but they must meet certain criteria. These criteria are known as the “green card” test. The green card test ensures that you have the intent to live in the U.S. and that you have a substantial presence here.

Cost of working with a family immigration attorney

The cost of working with a family immigration attorney depends on many factors. Depending on the type of case you are seeking help with, your lawyer may charge a flat fee, an hourly rate, or both. Your costs will be affected by your immigration status, the country of origin of your family members, your personal situation, and the complexity of your case.

If you need to file an immigrant visa for your family, it can cost between $2,500 and $8,000. You will also need to pay filing fees and miscellaneous fees. These can include medical exams, police clearances, and translation of documents into English.

Similarly, you will need to hire an immigration lawyer if you want to adjust your immigration status or apply for a green card. This is a complicated process and can take several years. Without legal representation, you can risk losing your family in the United States.

There are some attorneys who offer free consultations. However, the majority of lawyers charge a consultation fee. Some may even charge for the first meeting.

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Why You Need Immigration Attorneys in Houston to Hire

There are a variety of reasons why you might be looking for the services of an Immigration Attorneys in Houston to hire. Perhaps you want to become a US citizen, keep your family together or get your application out of the red tape. Whatever your reason, you need to hire the best attorney you can find.

Get your application out of the red tape

If you have been a victim of immigration delays, there may be legal options to pursue. You may be able to file a writ of mandamus lawsuit or contact your state senators and the USCIS Ombudsman to speed up your case.

Regardless of the reason for your delays, the result can be a lot of stress on your family. An immigration attorney can help make the process as easy as possible. By making sure that the proper documentation is submitted, you can expedite the application process and get back to the fun stuff.

An immigration lawyer can also look into your past history. It’s not uncommon for the USCIS to ask for more proof of your qualifications. In addition to obtaining this proof, the lawyer can correct any mistakes that have been made.

An immigration lawyer can also assist you in making the right decision for your family. An expert can explain to you the benefits of acquiring a green card, as well as the steps involved in the process.

Become a US citizen

There are many benefits to becoming a United States citizen. The right to vote in state elections, run for office, support the constitution, and travel abroad with a passport are just a few. A citizenship attorney in Houston can help you obtain these rights.

There are several steps to the naturalization process. The first step is to file Form N-400, Application for Naturalization. This must be completed and submitted to the United States Citizenship and Immigration Services (USCIS). The information contained on this form must be accurate. If inaccurate, it can make the citizenship application appear fraudulent.

Next, applicants must take a test to prove that they are able to speak and understand the English language. There may also be other requirements. These include submitting additional documents such as a marriage license and green card.

Lastly, applicants must undergo an interview with a USCIS officer. They must answer questions on their background, family, and other aspects of their application.

Appeal a negative immigration decision

Whenever you receive an unfavorable immigration decision, you may want to appeal it. However, there are several rules that need to be followed.

First, it is important to remember that the denial or revocation notice will indicate whether the decision is appealable. It should also inform you where to file an appeal.

Another important part of the appeal process is to attach evidence to your petition. This can include certificates such as a marriage certificate or a child birth certificate that proves your family’s identity in your home country. If these documents are not available, you can also use references to back up your assertions.

An effective argument on your visa appeal letter must be based on facts and laws. It should also explain your reasons for appealing the decision.

For example, you should state that you wish to visit your spouse or children. This can give you an advantage when you make your appeal. You should also mention the date you intend to travel.

Keep your family together

A good immigration attorney can help you keep your family together. An experienced attorney can advise you on what documents you should submit, and how to make sure they are valid. They can also help you find a work permit for a foreign worker, and even help you apply for citizenship. They can explain the process to you in plain English.

The United States’ immigration policy is designed to help keep families together. There are many forms of family sponsorship, including green cards. However, it can be difficult for people from countries with little English proficiency to understand the process. An experienced immigration lawyer can help you navigate the challenges of the application process.

Immigrants can receive help through organizations like Immigrant Families Together. This organization provides healthcare, clothing, and legal assistance to families in the U.S. It also helps to reunite adults with their families.

You can also contact Houston asylum lawyers to help you overcome the difficulties that come with fleeing a troubled country. Asylum/refugee attorneys can assist you in filing the correct paperwork to protect you from persecution. It is important to act quickly when applying for asylum. In some cases, the appeals deadline is just 15 days. This may not give you enough time to prepare your case.

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Family Immigration Law in Florida

Whether you’re looking to bring your family to the United States, or you want to help them to become permanent residents, you’ll need to understand how family immigration law works. This article will discuss the various forms of family-based immigration and Adjustment of Status programs. You’ll also learn about relationships between U.S. citizens and lawful permanent residents, as well as the sponsorship of family members for a green card. Although the assistance of a qualified family immigration lawyer may be your best option in court, the answers to your case that an attorney can provide are the most viable option.

Relationships between U.S. citizens and lawful permanent residents

Whether you are an American citizen or a lawful permanent resident, you may have a family member who is eligible to immigrate to the United States. Family members are a vital part of the immigration system and can play an important role in the United States overall immigration policy. The requirements vary according to the relationship and country of origin of the beneficiary.

Citizens of the United States can petition for foreign-born relatives to become U.S. permanent residents. These people may qualify to become green card holders, or “lawful permanent residents”. The green card, or alien registration card, is a document issued by the Department of Homeland Security.

Citizens can petition for a wide range of relatives, from spouses to children to unmarried parents. However, there are limits on the number of visas that can be issued to these individuals each year. This can create a long waiting period before a green card can be issued.

There are also categories of people that are considered preference relatives. These include spouses of U.S. citizens, unmarried children under age 21, parents, and siblings. These categories face strict numerical limits based on the relationship. Obtaining these preferences can take decades.

The United States Citizenship and Immigration Services (USCIS) offers a number of guides and resources to help applicants apply for a green card. Applicants must meet statutory requirements, have good moral character, and demonstrate a strong financial ability to support themselves and their families.

If a family member has suffered spousal abuse, they are eligible for a three-year statutory period. This means that the abused spouse does not have to have lived with the abuser for three years to qualify.

Family reunification has long played an important role in the U.S. immigration system. It is estimated that nearly two-thirds of legal immigration into the United States is on the basis of family ties. This share varies from year to year, but the majority of immigrants immigrate on the basis of family ties.

Lawful permanent residents may also sponsor spouses and unmarried children under age 21. These individuals must meet statutory requirements and must have a valid alien registration card. They may also be eligible to receive financial assistance at public colleges and universities and to join the Armed Forces. Several countries also offer visa-free travel to U.S. citizens.

Forms of family-based immigration

Bringing family members to the United States is an important part of the visa system. However, there are some strict rules and regulations that must be followed if you want to be able to sponsor a relative for an immigrant visa. It is important to get all of your paperwork filed correctly in order to avoid delaying the process or having a bad outcome.

There are two categories of family-based immigration applications. The first category is called Immediate Relative, and the second category is called Family Preference. Each category has a numerical limit for the number of green cards that are granted each year. These caps are determined by the type of family relationship. For example, family preference visas are available to spouses and unmarried children of legal permanent residents, while immediate family visas are available to spouses, children, and unmarried sons and daughters of U.S. citizens.

Family-based immigration is a complicated process. It involves two or more family members who must each file a series of forms with the USCIS. This is where hiring a family-based immigration lawyer can make the process run smoothly. Having the correct paperwork on hand is key to the process, as well as ensuring that your family member is legally bound by an affidavit of support.

Having your family member sponsored is one of the most common ways to obtain a green card. There are some restrictions and limitations associated with this type of immigration, including restrictions on the age of the children in the family. The family-based visa process can be time-consuming, especially when it comes to family unification.

Family-based immigration law is designed to make it easier for US citizens to bring family members to the United States. The process includes a family-based petition and an affidavit of support, which are required by the law. The sponsor must meet a set of requirements, including being a permanent resident and being able to provide financial support for the family member.

Family-based immigration is a part of the visa system, and visa holders have other rights and freedoms. In addition, the law grants visa holders the right to attend school and legally work in the United States.

Sponsorship of family members for a green card

Generally speaking, family immigration law requires family members to be financially supported before an immigrant can qualify for a green card. This is called sponsorship. This requirement is important because the sponsor is obligated to support the individual, even if the immigrant is no longer a legal resident or citizen.

An immigrant’s sponsorship obligation cannot be erased like other debts, such as credit card debt. However, the sponsor can sue the government to collect reimbursement for public benefit programs.

The sponsor’s financial requirements are set by the US Government and the sponsor must prove that his or her income is sufficient to support the immigrant. This minimum income requirement changes annually, depending on changes in the US poverty line. It is calculated to be 125% above the poverty level.

Immigrants in the family-based first preference category must prove that they have a parent-child relationship. A proof of legitimacy is required when a father sponsors a son or daughter born out of wedlock. The government has a wide definition of family, which includes distant relationships.

The Affirmation of Support (Form I-864), an affidavit of support, is the legal document that obligates the sponsor to support the sponsored individual. This document is a must-read for any potential sponsor. A lawyer could review this document for you.

For the average immigrant, 3.5 family members are sponsored. These family members include spouses, children, and parents. In addition to the household, the sponsor must also prove that he or she has the ability to support the immigrant.

There are several family-based preference categories to choose from. Each category has its own set of requirements, which may be confusing to the average immigrant. In some cases, the government will require a second piece of evidence. These include health screenings, secondary evidence, and proof of a legitimate family relationship.

The government also has a list of public charge benefits. The government distinguishes between cash assistance and non-cash assistance. The government also has a list of public benefits, which may be received by immigrants.

In the United States, there are several ways to sponsor family members. Some of the most common is through marriage. Other methods include sponsoring children, unmarried children, parents, and siblings. If you are unsure of your rights as a sponsor, contact an experienced green card attorney for more information.

Adjustment of status programs

Using family immigration law adjustment of status programs, you may be able to obtain an immigrant visa to enter the United States. In some cases, you may be able to obtain the visa without leaving the United States. Other times, you may need to apply for the visa through consular processing.

Family immigration law adjustment of status programs is available to certain close relatives of U.S. citizens. However, in order to qualify, you must meet certain requirements. There are several factors that will be taken into consideration before USCIS will make a decision.

The primary document in the process is an adjustment of status form. This form contains the applicant’s information, as well as the details of their immigration history. Applicants must also submit a biographic data sheet, proof of eligibility for a green card, and tax documents. You will also be required to submit a medical examination sheet.

Family immigration law adjustment of status programs allows certain close family members to obtain a green card. Depending on the family member, there are several requirements. Some candidates may be required to attend an interview. In some cases, this interview will take place at your local USCIS office.

Adjustment of status programs is available to both immediate and non-immediate relatives of US citizens. However, there are certain negative factors that may prevent an immediate relative from adjusting. Some of these factors include failing to maintain legal status, residing in the US after an I-94 expiration date, and working without permission. Other factors may include a preconceived intent to remain in the United States. You may also be required to answer questions about your marriage to your US citizen spouse.

In addition to these requirements, you will need to be able to provide financial support for your family member. You must also be able to provide an affidavit of support. A sponsor must have a minimum income, as well as state that they will be financially responsible for their relative. Whether you qualify for the program will depend on your personal circumstances.

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Examples of Immigration Laws

Immigration laws govern how people can enter and remain in a country. These laws are based on national statutes, regulations, and legal precedents. These laws are different from naturalization and citizenship laws. However, they are sometimes confused with each other. Here are a few examples of immigration laws. The Immigration Act of 1990 equalized the allocation of visas to foreign countries.

Immigration Act of 1990 equalized allocation of visas across foreign nations

The Immigration Act of 1990 equalized the allocation of visas among foreign countries, and also created a new diversity immigrant category. This category was introduced to increase the numbers of immigrants from nations that do not have high immigration rates. A diversity immigrant visa is one of the few ways to immigrate to the United States legally without sponsorship.

The Act also makes provisions for special immigrant status for aliens declared dependent by a juvenile court, allows visas to be extended for certain foreign nationals, and makes provisions for the expedited issuance of Lebanese visas. It also revises provisions for asylee adjustments and eliminates the numerical cap on asylees.

The Immigration Act of 1990 also introduced new rules to control immigration. For the first time, the government would issue visas to those who meet certain criteria. The Immigration Act of 1990 increased the cap on annual immigration and established a preference category based on diversity. It also amended existing preference categories and ended restrictions on immigrants who were gay or lesbian. It also created a new immigration program called Temporary Protected Status (TPS). This program allows immigrants to temporarily stay in the United States without fear of deportation.

Immigration Marriage Fraud Amendments of 1986 sought to limit practice of marrying to obtain citizenship

In enacting these amendments, Congress sought to prevent the practice of marrying to obtain citizenship. It sought to distinguish between marriages between aliens in deportation proceedings and their spouses. This distinction was rational, as the amendments attempted to deter fraudulent immigration benefits marriages.

The Immigration Marriage Fraud Amendments of 1986 sought specifically to limit the practice of marrying to obtain citizenship. These amendments added additional requirements to visas issued to alien spouses of U.S. citizens. They also gave alien spouses the right to contest the revocation of their status at a deportation hearing.

The Immigration Marriage Fraud Amendments of 1986 aimed to limit this practice by establishing a two-year conditional resident status for aliens who married to obtain citizenship. After two years, a foreign spouse can apply to change his or her status from a conditional resident to lawful permanent resident. But this process requires the assistance of a qualified immigration attorney.

Enforcement of immigration laws

The federal government is preparing to release a legal opinion regarding the inherent authority of states to enforce immigration laws. Although this authority may not be vested in Congress, it has been recognized by the courts and Executive branch as a valid source of immigration enforcement authority. Nevertheless, enforcement of immigration laws must be consistent with federal law and with state policies.

The question of whether federal immigration laws should be enforced by local and state law enforcement officers is one of the most pressing concerns that state and local officials must address. Enforcing immigration laws can cause significant financial and legal burdens for local jurisdictions. Furthermore, it can reduce public trust and compromise public safety and welfare in the U.S. community. As such, local and state officials must carefully consider their limited resources, as well as the risk of racial profiling and increased litigation.

In 2005, the House passed H.R. 3137, which contained provisions on state immigration law enforcement. This legislation also included provisions allowing state and local law enforcement officials to receive grants for equipment and technology to help them enforce the immigration law. The legislation also included provisions that would allow state and local law enforcement officials to receive grants for crime prevention and response efforts.

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Things You Should Know About the U.S. Citizenship Interview

So you’re a lawful permanent resident who has met the requirements to become eligible for U.S. citizenship. You’ve lived as a green card holder in the U.S. for the last five years, and have good moral character. You’ve also submitted your N-400 at the U.S. Citizenship and Immigration Services (USCIS) office, and you’re already done attending your biometrics appointment where you’ve been fingerprinted. You’re almost at the finish line of the naturalization process! You just have to attend the naturalization interview and citizenship exam, and this article can help you prepare exactly for that.

The citizenship interview has two purposes: to double-check the information you provided and to test your English speaking ability. This may seem intimidating, but you can study ahead of time to prepare for the exam. Having a practice test with an English-speaking friend and brushing up on your American history can effectively prepare you for the citizenship test.

The interviewer will determine whether you’re eligible for citizenship and to become naturalized or not, so the documents and information you provided are accurate. 

Applying for citizenship in the United States is a big move, so don’t hesitate to seek assistance from an immigration law firm in New Jersey. At Andres Mejer Law, we have experienced New Jersey immigration lawyers who can help you understand the immigration and citizenship process, USCIS forms, the civics exam, and other concerns about the naturalization application and citizenship process.

While not all of these questions will be asked by a USCIS Officer during the naturalization interview, it is better to come prepared

The Interview

U.S. Citizenship Like any other interview, it starts with a greeting. Of course, answering properly is the polite thing to do, but also because the interviewer will observe how you converse in English. Also, it is important that you at least know basic English if you want to become a US citizen.

The officer will then ask you if you understand what it means to be placed under oath, and if you solemnly swear/affirm that you will tell the truth, the whole truth, and nothing but the truth.

They will ask you about your physical characteristics and personal details such as your name (and if you made any legal changes to it), your birthday, current residence, family background, national affiliation or nationality, education and work history, etc. 

They will also ask you about your relationship status and history and, if married, whether your spouse is an American citizen.

They will also ask you if you will willingly obey and uphold the U.S. constitution, and if you will willingly take the Oath of Allegiance to the United States. They will also ask you about your military service history, whether you have served in the armed forces of the United States, or if you’ve ever participated in a U.S. election as a voter (only citizens of the United States are allowed to vote; non-citizens, including those with LPR status, aren’t allowed to vote).

Legal permanent residents who applied for citizenship will also be asked about their immigration status, such as when was their application for nationalization approved, their current citizenship status, or how long they’ve been a green cardholder.

Other citizenship questions that the immigration officer may ask when you apply to become a citizen are related to your immigration history, travel history, tax filings during the time you became a lawful permanent resident (e.g. did you classify yourself as a U.S. non-resident or do you have taxes owed to the US government whether local, state, or federal), and if you have affiliations or membership to certain organizations.

The U.S. Civics Test

During your application to gain American citizenship, a USCIS officer will conduct the interview and simply ask several test questions from the list given to you by USCIS. In some cases, however, USCIS splits the interview into two. One officer will test you on your knowledge of American history and the English language, while another will do the actual interview. 

The list has 100 questions, and to pass the exam and obtain citizenship, you must answer 6 out of ten questions correctly. If you fail to answer enough questions correctly, the interview will be stopped. For first-time applicants, the interview will be rescheduled within the next 90 days. 

After the Interview

Once you passed the interview, a USCIS interviewer will inform you about the citizenship ceremony, usually by mail. And if you’re denied, then you can simply choose to appeal or apply again.

If you still have questions on the citizenship application or how to apply for US citizenship, then don’t hesitate to consult with a New Jersey immigration lawyer. We are committed to helping you become a US citizen. Call us now!

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Who is Eligible to Apply for an Adjustment of Status?

U.S. immigration laws provide different ways for a foreign national to apply for a Green Card or Lawful Permanent Resident status. The eligibility requirements to gain a green card status in New Jersey vary depending on the immigrant category you’re applying under, so it’s important that you know which specific immigrant category you’re qualified for.

An “adjustment of status” is the process you can use to change your immigration status from being a visa holder to a green cardholder. Once you’re a green card holder, you’re considered a legal permanent resident of the U.S. You can apply for permanent residency at a U.S. Citizenship and Immigration Services (USCIS) office if you’re already in the U.S.

This is different from a “consular processing” where the immigrant goes to a U.S. consulate or embassy in their home country to apply for lawful permanent residence which involves attending immigration interviews there and submitting immigration paperwork and other documents. 

In general, there are 4 requirements that you must qualify to adjust status in New Jersey:

  1. You’ve entered the U.S. lawfully
  2. You have a lawful presence in the United States
  3. You’ve complied with all the terms in your visa
  4. You’re qualified to get a green card application

However, there are rare cases where an illegal alien may still be eligible to adjust status. For example, they have an employment-based immigrant visa that has expired causing them to overstay. They can apply for adjustment of status within 180 days upon their visa expiration. To help with your adjustment of status, it is best to consult an immigration lawyer in New Jersey.

Who Can Use Adjustment of Status in the Green Card Eligibility Categories?

Adjustment of Status Not everyone is qualified to adjust their status. However, you are eligible if you qualify under any of the following:

  • You are eligible to start your green card application, whether through sponsorship by your U.S. employer, a relative who is a lawful permanent resident or a U.S. citizen or by having a refugee or asylum status at least a year before your application.
  • If you’re eligible through family immigration or employment immigration, your petition form must already be approved by the USCIS and your priority date is current to continue with your green card application. Priority dates are for immigration applicants under preference categories that are subject to annual limits. However, not everyone faces numerical limits or waiting times; for example, you don’t have to wait when getting a green card in the immediate relative category because they release unlimited numbers of visas annually.
  • You’ve entered the United States through a fiance visa (K-1 visa) and married your U.S. citizen partner who sponsored your application within 90 days. 
  • You have been granted asylum/refugee status in the United States for 1 year.
  • You are physically present in the United States.

If you don’t qualify for an adjustment of status even though you fit most of the criteria above (for example you’ve entered the U.S. as an illegal immigrant or you’ve committed other visa violations), there’s still hope, because there are certain laws which can allow you to adjust status, and it’s best to consult with an experienced New Jersey immigration lawyer to specifically help with your case.

Immigration laws are complex. If you need immigration assistance, our New Jersey immigration attorneys can help. 

Our lawyers at Andres Mejer Law can provide you with the immigration solutions specific to your case. Contact us today for a free legal strategy session. 

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An Overview of the Green Card Application

Getting a green card gives foreign nationals a lawful permanent resident status in the U.S. They are granted the rights for entry, exit, work, and residency in the U.S., and the privilege to eventually become naturalized citizens. To become a lawful permanent resident, an alien must apply through family-based immigration or work-based immigration. In some instances, one may apply through asylum or refugee status. Foreigners may also apply on their own without a sponsor in certain circumstances. In this article, we have provided information that can guide you in your green card application.

Who Are Eligible for a Green Card?

Before starting your application to become a permanent resident, you must first check if you qualify for any of the categories below and if you meet any of its requirements. 

  • green card process Immediate relatives of a U.S. citizen. Parents, spouses, and unmarried children under age 21 of a U.S. citizen petitioner are eligible to apply for legal permanent residence.
  • Other family members of a U.S. citizen. This category includes unmarried children at least 21 years old, married children, siblings who are 21 years old and above, and married individuals with a U.S. citizen parent. In this preference category, only a limited number of green cards are granted and have a first-come, first-served policy.
  • Family members of a green cardholder. Unmarried children and spouses of petitioners are eligible to apply in this category. 
  • Employment Sponsorship. In this category, there are five preferences available, and an alien may apply for permanent residency if they are sponsored by an employer or a prospective employer through a job offer. A foreign national may also apply in this category if they’re an investor or an entrepreneur who will invest in a business that will create new jobs for U.S. citizens. Those who qualify as “Aliens of Extraordinary Ability” are eligible to self-petition for a green card. Individuals who are considered special immigrants by the U.S. government and possess specialized jobs such as religious workers, broadcasters, Iraqis, and Afghans employed by the U.S. government are also qualified to apply in this category.

The Application Process

Once you get your immigrant visa and immigrant number, you can begin your petition for lawful permanent resident status and to the United States Citizenship and Immigration Services (USCIS) office.

If you’re currently in the United States, you can apply for an adjustment of status to start the immigration process. 

Consular processing, on the other hand, is for foreign nationals who are outside of the United States. Both the beneficiary and the petitioner are notified once a decision has been made regarding the immigration and visa petition. 

If you need assistance in your immigration petition, contact our law firm and talk to one of our experienced New Jersey immigration attorneys assist you today.

The Green Card Interview Process

For individuals going through the consular processing, an interview is scheduled by the consular office once a visa is available or once your priority date becomes current. In this interview, they will determine whether you’re eligible for an immigrant visa or not.

In an adjustment of status, the applicant is required to go to an appointment with the Application Support Center (ASC) and to attend an interview with USCIS if necessary.

At Andres Mejer Law, our competent immigration lawyers can handle all the immigration forms and paperwork for your application and avoid unnecessary delays. 

Contact us today and let one of our New Jersey immigration attorneys help you in your immigration process. 

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Planning to Renew Your DACA? Here Are Some Tips

If you’ve received work permits and have temporary rights to remain on U.S. soil under the DACA program, you’re required to renew it every two years. Continue reading below to find out more about the steps you need to follow to renew your DACA status.

DACA or The Deferred Action for Childhood Arrivals is a United States immigration policy that was initiated by former President Obama. It grants temporary immigrant status to individuals with unlawful presence in the United States after being brought to the country as children. Undocumented immigrants who qualify will receive a period of deferred action from deportation which can be renewed every two years. It doesn’t guarantee naturalization as a U.S. citizen or lawful permanent residence (being a green card holder), but you can apply for a work permit or an Employment Authorization Document and sometimes, even an international travel permit or an Advance Parole. 

Who Qualifies for a DACA Renewal?

Under U.S. law, the basic qualifications for DACA eligibility still need to be met to renew your status. To qualify, the following criteria must still be met:

  • Be under 31 years of age on June 15, 2012
  • Must have come to the United States before their 16th birthday
  • Have lived in the U.S. starting June 15, 2007
  • Was physically present in the United States on June 15, 2012, and the date of application when it was submitted to the U.S. Citizenship and Immigration Services (USCIS) office to be considered for deferred action
  • Illegally entered without inspection (unlawful immigration) before June 15, 2012, or their lawful immigration status has expired as of that date
  • Is currently studying or have graduated from high school, is a veteran — that is honorably discharged — of the US Armed Forces or Coast Guard, or has acquired a General Education Development (GED) certificate, 
  • Must not pose a threat to public safety and national security, and haven’t been convicted of felony or DUI, a serious misdemeanor, or more than three kinds of misdemeanor

Additional criteria for a DACA renewal include:

  • Obtained permission from USCIS (Advance Parole) before traveling outside of U.S.
  • Have continuously resided in the U.S. since submitting their DACA application
  • No previous convictions of felony or misdemeanor

Immigration law can be daunting.  As such,  you need someone who knows the ins and outs of the immigration process. If you have immigration issues or legal concerns regarding your legal status and DACA renewal an immigration lawyer can help. Connect with a New Jersey immigration attorney today to seek legal advice.

Applying for a DACA Renewal

 DACAIf you’re a DACA recipient who’s eligible to renew your status, the following USCIS forms must be submitted:

  1. Form I-821-D, Consideration of Deferred Action for Childhood Arrivals (also used for initial applications)
  2. Form I-765, Application for Employment Authorization
  3. Form I-765WS

Other supporting documents which you need to submit if there are any changes in your situation that might affect your application include:

  1. Any document indicating that you’ve received any decision or currently going through a removal proceeding (deportation) in an immigration court
  2. Any document indicating that you’ve been charged with a felony or convicted of a misdemeanor

How Our Eatontown New Jersey Attorneys Can Help

If you are faced with a situation that might affect your status or renewal, Andres Mejer Law can help. 

Don’t wait until it is too late! Schedule a free consultation with an experienced immigration attorney today.

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Are Immigrants Eligible for the CARES Act?

It has been a month since President Trump declared a public health emergency for COVID-19, and its impact on the American economy has been daunting. Soon after, at least 46 states and Washington, D.C., have enacted policies to close nonessential businesses in an effort to slow the spread of novel coronavirus in the United States. With some variations on the implementations per state, recreational spaces like museums, movie theaters, gyms, daycares, music venues and malls, including personal care retailers and service providers like spas, nail and hair salons, most likely fall under nonessential businesses category. Although these measures have been undoubtedly necessary to prevent the rapid spread of the virus, tens of thousands of American workers lost their jobs as a result.

Lawmakers worked hard in coming up with legislation that would provide emergency financial assistance for individuals, families, and businesses in the United States. The bill aptly called CARES or  Coronavirus Aid, Relief and Economic Security Act has been signed into law by the President. The historic $2 trillion stimulus package stands as the largest emergency aid package in US history that aims to boost the struggling economy with provisions to help American workers, small businesses and industries grappling with the economic disruption.

This post aims to uncover financial relief for individuals and families, as well as which individuals are qualified to receive financial assistance.

How will individuals and their families benefit from the CARES Act?

A centerpiece of the stimulus package is that it will provide direct financial assistance to American in the form of checks with the amount received based on income as explained below:

  • Individuals who earn $75,000 in adjusted gross income or less would get direct payments of $1,200 each
  • Married couples earning up to $150,000 will receive $2,400.
  • Families will also receive $500 per child.
  • Individuals and families making more than these amounts can still receive payments, but at reduced amounts until they reach certain thresholds.
  • Individuals making more than $99,000 and married couples making more than $198,000 will not receive any of these cash payments.

Who are eligible to receive assistance?

The CARES Act specifically excludes “any nonresident alien” from the definition of “eligible individual.” Notably, “nonresident alien” is defined by the Internal Revenue Service (IRS) rather than by the immigration statute. The IRS states that a non-U.S. citizen is considered a nonresident alien unless he or she meets one of two tests: the green card test or the substantial presence test.

  • The Green Card test: This is applicable to you if you have a U.S. permanent or conditional residence or a green card. This is directed to a person who is a citizen of another country, who is authorized to live and work in the U.S. on a permanent basis (or, in the case of a conditional resident, for two years that may then be continued into a permanent stay). Lawful permanent residents, or “green card” holders, are considered resident aliens unless they voluntarily renounce and abandon their status in writing to USCIS, or their immigrant (permanent residence) status is administratively terminated by USCIS or judicially terminated by a U.S. federal court.
  • The Substantial Presence Test: Even without having a green card, a person who spends 31 days in the United States during the current year and 183 days during a three-year period that includes the current year and the two years immediately before that, is considered a resident alien. This affects many people who are in the U.S. on temporary, otherwise known as nonimmigrant visas. There are various exemptions, such as for time people spent in transit (less than 24 hours in the U.S.), time during which the person couldn’t leave because he or she required medical treatment, as well as for teachers and students (on an F, J, M, or Q visa) who haven’t stayed in the U.S. beyond a certain period of time.

It goes without saying that if you are not able to meet (or are exempt from) either the green card or the substantial presence tests, then you are most likely a non-resident alien. Take note that students and teachers are often classified as non-resident aliens in the early years of their U.S. stay. Non-resident aliens are not eligible for the tax credit.

If you are a resident alien, have a social security number, and earn less than $75,000 as a single individual, or less than $150,000 married filing jointly, you can expect to receive the tax credit.

If I receive a rebate, will I be considered a Public Charge?

Since the rebate is classified as a tax credit and not a public benefit under the public charge rule, you will not be considered a public charge. This will have no effect on your future immigration filings.

Can I avail of unemployment benefits?

The law granted so form of flexibility for the eligibility requirements of individuals, including those who are furloughed or out of work as a direct result of COVID-19, self-employed or gig workers, and those who have exhausted existing state and federal unemployment benefit provisions.

The only individuals expressly excluded from coverage are those who have the ability to telework with pay and those who are receiving paid sick leave or other paid benefits (even if they otherwise satisfy the criteria for unemployment under the new law)

Under the CARES Act, workers will be paid an additional $600 per week on top of what they would normally receive from the state (50% of earnings plus $600) for up to four months until July 31st.

In order to be eligible for unemployment benefits, you must establish that you were in satisfactory immigration status and authorized to work in the United States when earning the wages you used to establish your claim. It is best to get in touch with the state’s unemployment agency to find out if you are eligible based on your immigration status.

Does the CARES have anything to say about student loans?

The CARES Act further provides temporary student loan relief. All federally held federal student loans are temporarily suspended and interest will not accrue through Sept. 30. The suspension is retroactive to March 13. To get the automatic relief, your loan needs to be both federal and federally held — meaning your lender is the federal government, and not a bank or other commercial lender.

Are you still wondering how immigrants can get relief in this current state of emergency the U.S. is under? Call us our immigration lawyers in Virginia.

Our immigration attorneys at Van Doren Law will be available to address any questions about the current immigration landscape. We understand how these can be trying times. As such, we offer free initial consultation. So pick up that phone or chat with us online and let our experienced immigration lawyers help you.

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