You've heard him on Greg Siskind's
national
teleconference series. Now Ari Sauer, the "Immigration
Answer Man" of Siskind Susser, has created a blog where he takes
your questions on immigration law and answers them here.
Have a question for Ari? Ask him at
immigrationanswerman@gmail.com!
Ari Sauer is an associate attorney with
Siskind Susser, PC. For Ari’s full bio, visit
http://www.visalaw.com/ari.html. You can schedule a consultation with
Ari or with one of Siskind Susser’s other attorneys at
http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or
901-682-6455.
On this blog we answer questions as a service
to our readers, but we cannot assume any liability related to reliance on
anything herein, and responses to questions are not intended to establish an
attorney client relationship. Immigration laws and regulations are
constantly changing. Readers are cautioned to schedule a consultation with
an immigration lawyer before acting on anything stated in this blog. This
blog is not intended to substitute for a consultation with a qualified
immigration law attorney.
Wednesday, September 23, 2009
I am married to a US citizen. Can I apply for a green card even though I overstayed my visa?
QUESTION: I came to the U.S. on an H-1b visa. I overstayed the time given to me on the I-94 Entry Document. I am now married to a U.S. citizen. Will my overstaying my I-94 keep me from being able to get a green card in the U.S.?
Ari Sauer's Answer: A foreign national who is married to a U.S. citizen can file for a green card in the U.S. as long as in their last entry into the U.S. they presented themselves for inspection at a port of entry and were legally inspected and admitted or paroled into the U.S.
This section of the law forgives the fact that the foreign national has not maintained their legal status in the U.S. and forgives any unauthorized employment by the foreign national.
This means that even though you fell out of status, you are eligible to apply for a green card because you were legally admitted as an H-1B nonimmigrant and you are filing for the green card based on the fact that you are married to a U.S. citizen.
However, this section of the law does not forgive other grounds of inadmissibility, such as criminal convictions, misrepresentation, or being subject to the unlawful presence bar. So the foreign national must otherwise be eligible for admission as a permanent resident.
# posted by Ari Sauer the Immigratio Answer Man @ 1:15 PM
The Immigration Answer Man's Facebook Page
You've heard him on Greg Siskind's
national
teleconference series. Now Ari Sauer, the "Immigration
Answer Man" of Siskind Susser, has created a blog where he takes
your questions on immigration law and answers them here.
Have a question for Ari? Ask him at
immigrationanswerman@gmail.com!
Ari Sauer is an associate attorney with
Siskind Susser, PC. For Ari’s full bio, visit
http://www.visalaw.com/ari.html. You can schedule a consultation with
Ari or with one of Siskind Susser’s other attorneys at
http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or
901-682-6455.
On this blog we answer questions as a service
to our readers, but we cannot assume any liability related to reliance on
anything herein, and responses to questions are not intended to establish an
attorney client relationship. Immigration laws and regulations are
constantly changing. Readers are cautioned to schedule a consultation with
an immigration lawyer before acting on anything stated in this blog. This
blog is not intended to substitute for a consultation with a qualified
immigration law attorney.
Tuesday, September 22, 2009
USCIS has updated their website to make it more user-friendly
The USCIS Director Alejandro Mayorkas held a meeting today with immigration bloggers to discuss the newly redesigned USCIS website.
The new website contains a more interactive format. The home page contains a list of links to information contained in the site that is listed by topic to make navigating through the site more user-friendly.
The home page also includes a “Where to Start” drop-down menu, that will direct users to the information they want by choosing their citizenship or immigration status and then choosing the application or process they want to find information about. There are currently a few bugs in this system, but the Director has said that they expect to have these bugs fixed by tomorrow.
USCIS has also launched a Spanish version of the website, which is located at www.uscis.gov/espanol. The Spanish site currently does not contain all the information contained in the main website, but USCIS is working to expand that site and expects that it will soon have all information from the main website available on the Spanish website.
USCIS has added a feature that now allows users to receive text messages with updates on their case status.
The new system makes it easier for users to find out the expected processing times for their application and the new case status display makes it easier for users to see where their application is in the process.
Finally, USCIS is working on adding a feature that will allow users to send inquiry requests on their applications directly to the Service Centers, as an alternative to calling the USCIS National Customer Service Center 1-800 number. This feature is expected to be available by May of 2010.
We applaud the Service for making the website more user-friendly and adding these additional features.
# posted by Ari Sauer the Immigratio Answer Man @ 3:05 PM
The Immigration Answer Man's Facebook Page
You've heard him on Greg Siskind's
national
teleconference series. Now Ari Sauer, the "Immigration
Answer Man" of Siskind Susser, has created a blog where he takes
your questions on immigration law and answers them here.
Have a question for Ari? Ask him at
immigrationanswerman@gmail.com!
Ari Sauer is an associate attorney with
Siskind Susser, PC. For Ari’s full bio, visit
http://www.visalaw.com/ari.html. You can schedule a consultation with
Ari or with one of Siskind Susser’s other attorneys at
http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or
901-682-6455.
On this blog we answer questions as a service
to our readers, but we cannot assume any liability related to reliance on
anything herein, and responses to questions are not intended to establish an
attorney client relationship. Immigration laws and regulations are
constantly changing. Readers are cautioned to schedule a consultation with
an immigration lawyer before acting on anything stated in this blog. This
blog is not intended to substitute for a consultation with a qualified
immigration law attorney.
Friday, September 11, 2009
You've heard him on Greg Siskind's
national
teleconference series. Now Ari Sauer, the "Immigration
Answer Man" of Siskind Susser, has created a blog where he takes
your questions on immigration law and answers them here.
Have a question for Ari? Ask him at
immigrationanswerman@gmail.com!
Ari Sauer is an associate attorney with
Siskind Susser, PC. For Ari’s full bio, visit
http://www.visalaw.com/ari.html. You can schedule a consultation with
Ari or with one of Siskind Susser’s other attorneys at
http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or
901-682-6455.
On this blog we answer questions as a service
to our readers, but we cannot assume any liability related to reliance on
anything herein, and responses to questions are not intended to establish an
attorney client relationship. Immigration laws and regulations are
constantly changing. Readers are cautioned to schedule a consultation with
an immigration lawyer before acting on anything stated in this blog. This
blog is not intended to substitute for a consultation with a qualified
immigration law attorney.
Tuesday, September 8, 2009
How do I know if I could qualify for a green card as an Alien of Extraordinary Ability?
Question: How do I know if I could qualify for a green card as an Alien of Extraordinary Ability?
Answer: There are several ways to become a Permanent Resident based upon your employment. One way is to show USCIS that you are an Alien of Extraordinary Ability. The benefit of being able to file under the Extraordinary Ability category is that it is one of the First Preference (EB-1) categories, so it does not require first obtaining a Labor Certification, and so far there is no shortage of visas available for the EB-1 category, so it is a quicker path to Permanent Residence.
However, not everyone is an Alien of Extraordinary Ability. As the name implies, it is only for those foreign nationals who can show that they are one of the shining stars, on the national or international level, within their field in the sciences, arts, education, business or athletics. In order to even be considered for this category, they must show that they have been the recipient of a major international award (for example the Nobel Prize) OR they must show they meet at least three of the following requirements:
1) That they have received lesser nationally or internationally recognized prizes or awards (awards from student competitions are not considered significant enough);
2) That they are members in associations in their field which require outstanding achievement in order to join;
3) That others have published articles or other materials about them in major trade publications or other major media;
4) That they have participated as a judge of the work of others within their field;
5) That they have made original contributions of major significance to their field;
6) That they have published scholarly articles on topics within their field;
7) That they have been in artistic exhibitions or showcases;
8) That they have performed in a leading or cultural role for organizations or establishments that have a distinguished reputation;
9) That they have a high salary or income in relation to others in the field;
10) That they have had commercial success in the performing arts.
It should be noted however, that meeting three out of these ten categories only allows USCIS to consider the applicant under this category. The applicant must still show that they have risen to the very top of their field of endeavor and that they have sustained national or international acclaim in their field.
If you think you may qualify for at least three of these categories, you should consult with an immigration law attorney who is experienced in filing I-140 Petitions under the Extraordinary Ability category to confirm whether you qualify.
If you do not meet these requirements, don’t worry. Most people don’t. There are a number of other paths to Permanent Residence through employment.
# posted by Ari Sauer the Immigratio Answer Man @ 5:49 PM
The Immigration Answer Man's Facebook Page
You've heard him on Greg Siskind's
national
teleconference series. Now Ari Sauer, the "Immigration
Answer Man" of Siskind Susser, has created a blog where he takes
your questions on immigration law and answers them here.
Have a question for Ari? Ask him at
immigrationanswerman@gmail.com!
Ari Sauer is an associate attorney with
Siskind Susser, PC. For Ari’s full bio, visit
http://www.visalaw.com/ari.html. You can schedule a consultation with
Ari or with one of Siskind Susser’s other attorneys at
http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or
901-682-6455.
On this blog we answer questions as a service
to our readers, but we cannot assume any liability related to reliance on
anything herein, and responses to questions are not intended to establish an
attorney client relationship. Immigration laws and regulations are
constantly changing. Readers are cautioned to schedule a consultation with
an immigration lawyer before acting on anything stated in this blog. This
blog is not intended to substitute for a consultation with a qualified
immigration law attorney.
Thursday, September 3, 2009
Can I marry my friend so she can get a green card?
Question: I have a friend who is in the U.S., but not in legal status. I am a U.S. citizen. If I marry her, can she get a green card? How long would we have to stay married? Would we have to live together?
Answer: No. You should not marry your friend just to help her legalize her status.
When a U.S. citizen files an immigration petition for their foreign national spouse, they must prove that the marriage is real and not entered into to get the spouse a green card. The couple must show evidence that they have been sharing their lives and sharing their assets. If the spouse is in the U.S., the couple will also be interviewed by an immigration officer. Usually they interview the couple together, but if the officer feels that the marriage is a fraudulent marriage, they have the right to separate the couple and question them separately. In extremely rare case the government can send an ICE officer to your house for a surprise visit (In TV and movies they like to make it look like this happens all the time. It doesn't. But, when it does happen, it is nothing like on the TV show Ugly Betty).
If USCIS determines that the marriage is fraudulent, the foreign national is barred from receiving most immigration benefits in the future. This means that if she later marries someone who she actually wants spend her life with, she would not be able to get a green card based upon that marriage.
In many instances, USCIS will start removal proceedings against the foreign national, possibly resulting in their being deported.
Also, it is illegal to marry someone just so they can receive an immigration benefit. It is a crime with a possible penalty of imprisonment up to 5 years and a fine of up to $250,000. However, the government usually does not seek criminal prosecution except in the most egregious cases.
If you convince USCIS that the marriage was real, and they grant the green card, you are still not finished. Where a couple has been married for less than two years at the time the green card is granted, USCIS will grant Conditional Residence, which is only valid for two years. At the end of the two years (within the 90 days before the green card expires) the couple has to file an application to have the condition removed. This process involves showing USCIS again that the marriage is real. In some cases this also includes another interview. If the couple has divorced before then, the foreign national must still show that the marriage was not entered into to just to get the green card.
# posted by Ari Sauer the Immigratio Answer Man @ 9:15 PM
The Immigration Answer Man's Facebook Page
You've heard him on Greg Siskind's
national
teleconference series. Now Ari Sauer, the "Immigration
Answer Man" of Siskind Susser, has created a blog where he takes
your questions on immigration law and answers them here.
Have a question for Ari? Ask him at
immigrationanswerman@gmail.com!
Ari Sauer is an associate attorney with
Siskind Susser, PC. For Ari’s full bio, visit
http://www.visalaw.com/ari.html. You can schedule a consultation with
Ari or with one of Siskind Susser’s other attorneys at
http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or
901-682-6455.
On this blog we answer questions as a service
to our readers, but we cannot assume any liability related to reliance on
anything herein, and responses to questions are not intended to establish an
attorney client relationship. Immigration laws and regulations are
constantly changing. Readers are cautioned to schedule a consultation with
an immigration lawyer before acting on anything stated in this blog. This
blog is not intended to substitute for a consultation with a qualified
immigration law attorney.
Tuesday, September 1, 2009
I entered the U.S. on a K-1 visa. Now I do not want to marry my fiancee. Can I get my green card another way?
Question: I entered the U.S. using a K-1 visa. now I do not want to marry my fiancee. Is there some other way I can still get a green card?
Answer: Foreign nationals who enter the U.S. on a K-1 or K-3 "fiancee" visa cannot change status to another nonimmigrant status. They also are not eligible to apply to become Permanent Residents other than through marriage to their U.S. citizen fiancee or spouse. So your options are to marry your fiancee or leave the U.S. If you chose not to marry your fiancee and you remain in the U.S. beyond the 90 day period on your I-94, you will be out of status and unlawfully present.
# posted by Ari Sauer the Immigratio Answer Man @ 4:22 PM
The Immigration Answer Man's Facebook Page
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