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, April 23, 2010
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# posted by Greg Siskind @ 2:39 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, April 22, 2010
Am I required to tell immigration about an arrest even if it was an unlawful arrest?
QUESTION:
I was imprisoned in my home country for protesting against the dictorial regime. When I applied for asylum, I answered 'yes' on the question asking if I had ever been arrested.
But when I applied for my green card I answered 'no' to the question of whether I had ever been arrested for breaking or violating a law because the arrest itself was illegal.
Now I am applying for U.S. citizenship. Do I have to answer 'yes' to the question of whether I have been arrested? Will it be a problem that my answers on my asylum application and green card application were different?
ANSWER:
With the naturalization application, it is always best to err on the side of being too honest, as the easiest way for a USCIS officer to deny an application is to show that the applicant was not truthful in the application. A denial on this basis will mean that the applicant will have to wait another 5 years (3 years if you are applying as the spouse of a U.S. citizen) before being able to file again.
If you have ever been arrested, detained, ticketed, or given a citation for any reason you should check yes in answer to the question on the N-400. This is true even if it was an unlawful arrest or detention, if it happened in a different country, if the charges were dismissed, if no charges were ever brought, or if the arrest records were expunged. You can include an explanation of the arrest on the application and you will be given a chance to explain the arrest at the interview.
In this situation you should also answer yes to the question about whether you ever gave false or misleading information when applying for an immigration benefit. This is because you did not mention the arrest on the green card application. As I said, it is best to err on the side of being overly honest on the naturalization application. Again you can include an explanation in the application and will be able to explain at the interview.
# posted by Ari Sauer the Immigratio Answer Man @ 11:41 AM
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.
Monday, March 8, 2010
10 Tips to Avoid Employment Discrimination
Employers are required to complete an I-9 form for each employee and should only hire employees who are authorized to work in the U.S. But it is very easy for companies to be so afraid of hiring unauthorized workers that they discriminate against employees based on their race or national origin, which can create an even bigger liability for the company. So the Department of Justice has issued the following list:
TEN TIPS FOR AVOIDING EMPLOYEE DISCRIMINATION
1. Treat all people the same when announcing a job, taking applications, interviewing, offering a job, verifying eligibility to work, hiring, and firing.
2. Examine and accept original documents that reasonably appear genuine and relate to the employee.
3. Do not demand different or additional documents as long as the documents presented prove identity and work authorization, are listed on the back of Form I-9, and appear genuine.
4. So long as the job applicants are authorized to work in the U.S., avoid requiring job applicants to have a particular citizenship status, such as U.S. citizenship or permanent residence, unless mandated by law or federal contract.
5. Give out the same job information over the telephone to all callers, and use the same application form for all applicants.
6. Base all decisions about firing on job performance and/or behavior, not on the appearance, accent, name, or citizenship status of your employees.
7. Complete the I-9 form and keep it on file for at least 3 years from the date of employment or for one year after the employee leaves the job, whichever is later.
8. On the I-9 form, verify that you have seen documents establishing identity and work authorization for all your new employees- U.S. citizens and noncitizens alike- hired after November 6, 1986.
9. If reverification of employment eligibility becomes necessary, accept any valid documents your employee chooses to present- whether or not they are the same documents the employee provided initially.
10. Be aware that U.S. citizenship, or nationality, belongs not only to persons born within the 50 states, but may also belong to persons born to a U.S. citizen outside the U.S. Persons born in Puerto Rico, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, or Swains Island also are U.S. citizens or nationals. Finally, an immigrant may become a U.S. citizen by completing the naturalization process.
# posted by Ari Sauer the Immigratio Answer Man @ 5:03 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, February 25, 2010
If I have a bachelors degree and five years experience with my company can I qualify for an EB-2 immigrant petition?
QUESTION:
I have a little over 5 years of work experience in my field and I have a Bachelors degree. Of the 5 years, 2 years of experience is from my current employer. Am I eligible to have my company file a PERM Labor Certification filing for me in the second preference (EB2) category?
ANSWER:
The second preference employment based category (EB2) is for those foreign national workers who are working in a position that requires a masters degree or the equivalent as the minimum requirement. A combination of a bachelors degree and 5 years experience after the degree is considered by the Department of Labor to be the equivalent of a masters degree.
You probably do not have 5 years counting toward an EB-2 PERM Labor Certification. As a general rule, the 5 years must be from a different company. Since you did not have 5 years experience when you started in the position, you cannot claim that the position requires at least 5 years experience.
However, experience with the company can sometimes be counted when it can be shown that the experience gained has been in other positions which are not substantially similar to the position that is being offered in the PERM application or where it can be shown that it is no longer feasible for the company to train an employee for the position.
The PERM process is complicated, long, expensive and the slightest mistake can lead to a denial. It is highly recommended that companies hire an experienced immigration law attorney to handle their PERM applications.
* This information is for educational purposes only and should not be relied upon as legal information. A qualified immigration law attorney should be consulted before relying on this information. Immigration laws and regulations change frequently. This information is not intended to create an attorney client relationship.
# posted by Ari Sauer the Immigratio Answer Man @ 9:01 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, February 18, 2010
Can you work for another employer at the same time as you work for your H-1B employer?
QUESTION:
I have an employee who is currently in his first year of an H1-B visa. He would like to do some part-time work consulting for a university, in the same field as his work here. Could he do that without filing any further paperwork?
Someone here in our HR has suggested that he would have to file for
another H1-B visa to work at the other company. Another person said that since his work would be in the same field as his work here, it would be legal without further paperwork.
The reason for the work is that it would allow him to finish a Ph.D. which he started at the university.
ANSWER:
The H-1B only allows the beneficiary to work for the H-1B petitioner. Any unauthorized work for other employers is a violation of the status and would result in the person falling out of status.
However, there is no problem with having more than one H-1Bs at the same time as long as the person is maintaining the requirements for both H-1Bs.
The other university has to file an H-1B petition for him.
* This information is for educational purposes only and should not be relied upon without first consulting with a qualified immigration law attorney. Immigration laws change frequently. The reader relies on this information at their own risk. This information is not intended to create an attorney client relationship. If you wish to schedule a consultation with attorney Ari Sauer, you can do so by calling (901) 682-6455 or emailing asauer@visalaw.com.
# posted by Ari Sauer the Immigratio Answer Man @ 6:30 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, November 20, 2009
There is a mistake on my I-94 card. How do I fix it?
Question: I am working in the U.S. on an H-1B visa. I have traveled abroad several times. I was looking at my I-94 card recently and saw that even though I came into the U.S. in May of this year, the expiration date on my I-94 says it expires in 2008. How do I have this corrected?
Answer: With the large number of I-94 Entry Exit Documents issued each year, sometimes Customs and Border Protection officers do write down the wrong expiration date on an I-94. It is important to correct these errors, as the I-94 is the document that controls a person's status within the U.S.
Luckily, it is fairly simple to have an error corrected on an I-94 card issued at a port of entry. You can do this at your local CBP office. You do not have to go back to the port of entry that issued the I-94. Any CBP office can make the correction. I recommend that you call the CBP office first as most offices will only allow you to come on certain days or by appointment only. You can find you local CBP office at http://bit.ly/4mA03c.
# posted by Ari Sauer the Immigratio Answer Man @ 8:58 AM
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.
Wednesday, November 18, 2009
If a woman who is a U.S. Permanent Resident has a child while outside the U.S. is the child a Permanent Resident?
Question: My wife and I are U.S. Permanent Residents. I have been spending a lot of time outside the U.S. due to work. My wife and I recently had a baby girl while outside the U.S. What is the baby's status? Is she a Permanent Resident like us, or do we have to file a petition for her to become a Permanent Resident?
Answer: This is a important question, because depending on whether or not this is handled correctly, this could be a very simple process, or it could have tragic results.
There is a little-known rule in the immigration regulations that says that where a Permanent Resident woman gives birth abroad, the child is eligible to be admitted to the U.S. as a Permanent Resident, but only if the mother is 1) returning to the U.S. as a Permanent Resident and 2) brings the child with her on her first trip back to the U.S. after the child is born and 3) this trip is before the child's 2nd birthday.
Unfortunately many Permanent Residents do not know this rule and they either take a trip back to the U.S. without the child or they wait until after the child's 2nd birthday to bring the child to the U.S. Where this happens, the child is not eligible to enter the U.S. as a permanent resident under this rule, and the parent must file a petition for the child to enter the U.S. as a Permanent Resident. This can result in hardship for the family, as it can take many years for a visa to become available for a petition for the child of a Permanent Resident.
# posted by Ari Sauer the Immigratio Answer Man @ 1:19 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.
Monday, November 16, 2009
Can a spouse or child benefit from an approve immigrant petition where the primary beneficiary has died?
Question: My uncle, a U.S. citizen, filed an I-130 immigrant visa petition on behalf of my father. The petition was approved, but then my father passed away. The priority date for the petition has been reached on the Visa Bulletin. Can my mother now get an immigrant visa based on the petition?
Answer: Unfortunately your mother cannot benefit from the petition filed by your uncle. When the primary beneficiary dies, the I-130 petition automatically becomes revoked. Any derivative beneficiaries to that petition are not eligible to receive visas based upon the revoked petition.
Unlike situations where the petitioner dies, there is no process to request a reinstatement of the petition for humanitarian reasons where the beneficiary dies.
The only remaining benefit of the petition is that is can still grandfather the derivative beneficiary under the INA 245(i) "amnesty" where the petition was filed by April 30, 2001.
# posted by Ari Sauer the Immigratio Answer Man @ 6:41 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.
Monday, October 26, 2009
Immigration Site Visits to H-1B Employers
Today's post is by guest poster attorney Lynn Susser:
The USCIS has started conducting random Site visits to determine if H1B employers and employees are complying with the terms of the H1B and the LCA. In other words, they are checking to make sure the company is legitimately doing business as it says in the petition and to see if the person is doing the job that was described in the petition, working the same hours, and earning the salary that was certified on the LCA.
The officer will identify him or herself as a USCIS Site Inspector and will present an official government issued identification. If they do not have such identification, the employer can request that they return when they have it and should notify their attorney immediately.
The Inspector will ask to speak to the HR person or the person that signed the I-129. If that person is unavailable or no longer with the company, the employer should explain this to the Inspector. If they have someone else available that they feel confident can answer the questions, they should offer to have that person speak to the Inspector. If not, they should ask them to return on a day that the HR person is available.
The Inspector will also ask to speak to the foreign national that is the beneficiary of the relevant petition assuming they are working at the same location. If they are at a different location it is likely the Inspector will visit that site as well.
The Inspector will ask both parties questions about the position held by the H1B worker including the title of the job and the duties, the salary being paid, the hours being worked, and the actual location of the work.
Below is the list of questions the Inspector has to answer on his evaluation form:
1. Does the facility visually appear to be that of the petitioning organization?
2. Was an organizational representative authority present?
3. Did results of site visit suggest the presence of a legitimate organization?
4. Did the organization have knowledge of the beneficiary and the petition filed on behalf of the beneficiary?
5. Was the beneficiary working for the organization?
6. Was the Inspector able to identify and speak to the beneficiary?
7. Was the beneficiary knowledgeable, cooperative, and forthcoming with questions posed?
8. Was the beneficiary being paid the salary as indicated?
9. Was the beneficiary performing the duties as indicated?
10. Does the Inspector recommend further inquiry?
There is no way of knowing if a particular company will be chosen for a site inspection. Any H-1B petitioning employers or H-1B beneficiary employees with questions should consult with an immigration law attorney.
# posted by Ari Sauer the Immigratio Answer Man @ 6:37 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.
Monday, October 5, 2009
If someone is out of status can they get a green card through their Permanent Residence spouse?
Question: A foreign national came to the U.S. on a visitor visa and overstayed his visa. He is now married to a woman who recently became a Permanent Resident. Can he now get Permanent Residence based upon his marriage?
Immigration Answer Man: No. A foreign national who is in the U.S. out of status is not eligible to adjust his status to become a Permanent Resident (green card holder) based upon his marriage to a Permanent Resident. A Permanent Resident can file an immigrant visa petition for her spouse under the second preference visa category (F2A). The DOS Visa Bulletin is currently showing a wait for a visa to become available under that category of about four years for foreign nationals from most countries and longer for foreign nationals from Mexico.
Even once the visa petition is approved and a visa becomes available for such a foreign national, since they are out of status, they would not be able to file for Adjustment of Status in the U.S. (unless they fall within one of a few exceptions). They would only be eligible to apply for an immigrant visa at the U.S. consular post in their home country. However, if they have been unlawfully present in the U.S. for more than 180 days, they will trigger a bar of inadmissibility upon exiting the U.S. and would require USCIS to approve a waiver of that inadmissibility based upon extreme hardship to their Permanent Resident spouse. Unfortunately the Unlawful Presence bar and waiver is too big a topic to discuss in this posting.
Alternatively, since they were legally admitted to the U.S. when they came on their visitor visa, once the Permanent Resident spouse naturalizes, they should be eligible to apply for Adjustment of Status in the U.S. as the Immediate Relative spouse of a U.S. citizen. (See 9/23/09 posting for more about this)
# posted by Ari Sauer the Immigratio Answer Man @ 10:54 AM
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.
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
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.
Monday, August 31, 2009
USCIS transfered my file to the wrong office. What can I do to fix this error?
Question: I had an I-485 application pending at the local USCIS office in Florida. I recently moved to Texas and filed an AR-11. I received a letter from the local USCIS office in Florida telling me that they were transferring my case to a local office in Missouri. I do not know why they are sending my file to Missouri. Is there anything I can do to stop them from transferring my case?
Answer: You cannot stop them from transferring the file. When you move, the local office has the option to transfer your file to the local office having jurisdiction over your new address. It is standard procedure for them to do so. In certain situations they can also transfer the case to a USCIS Service Center, which may be what they have done here by sending the file to the Missouri Service Center, rather than a local field office in Missouri.
Of course sometimes mistakes happen and USCIS sends the file to the wrong place. It seems to me that they should have sent the file to the local office in Texas having jurisdiction over your new address. It is possible that they sent the file to the wrong place or that the letter you received just had a typo and was supposed to say that they sent the file to the local office in Texas.
Either way, I would recommend that you make an Infopass appointment to go into your local field office in Texas. You can make the appointment on the USCIS website, www.uscis.gov. They should be able to clear up the situation and get the file to the correct field office. Make sure to bring all your documentation relating to your filings.
# posted by Ari Sauer the Immigratio Answer Man @ 6:26 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, August 28, 2009
I am an 18 year old US Citizen My parents have been in the US more than 21 years. Can I petition for them to get green cards?
Question: I am a US Citizen. I am 18 years old. My parents are out of status and have been in the US more than 21 years. Can I petition for them to legalize their status without them having to leave the US?
Answer: If you are 18, then you cannot petition for your parents. US citizens must be 21 or older to file immigrant visa petitions for their parents.
If your parents entered the US with a visa, border crossing card, as part of the Visa Waiver Program, or in some other valid manner, then when you are 21 you can petition for them and they can apply for a green card without leaving the US.
If your parents entered across the border without being inspected then it becomes more complicated. If they had a petition filed for them by the end of April of 2001, then they might fall within one of the previous "amnesties" under INA Section 245(i), and then they may be able to apply for a green card in the US based upon your petition.
If a petition has never previously been filed for them, they most likely would have to go back to their home country to apply for a visa at the US consular post. However, because they have been unlawfully present in the US for more than a year, if they leave the US, they will not be eligible to get a visa to return to the US for 10 years. A waiver of this 10 year bar would only be available if your parents have a US citizen or US Permanent Resident parent or spouse, and they can show that their parent or spouse will suffer extreme hardship if the waiver is not granted. The waiver is not available on the basis of having a US citizen or US permanent resident child.
However, since your parents have been in the US more than 10 years, and have a US citizen child, they may be eligible for the relief of Cancellation of Removal should the US government try to remove them from them US. However, the requirements of Cancellation of Removal is a complicated topic which will have to wait for a different posting.
# posted by Ari Sauer the Immigratio Answer Man @ 5:12 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, July 23, 2009
After receiving my green card through my employer, how long do I have to stay with my employer before I can look for a new job?
QUESTION: After receiving my green card through my employer, how long do I have to stay with my employer before I can look for a new job? Will my leaving affect my chances of getting citizenship?
ANSWER: There is no set amount of time that someone must stay with their employer after receiving their green card. You must have had the intention to work for your employer in the sponsored position. Your employer must have had the intention to employ you in the sponsored position. If you do not work for your employer at all, or only work for a short period of time, this could cause USCIS to question whether you actually intended to work for the employer. Therefore it is recommended that you work for the employer for at least a while. Some attorneys recommend that you work for the employer for at least 3 months, while some attorneys recommend that you work for the employer for at least 6 months. However, there is no set amount.
Normally this question will not come up until the employee applies for citizenship. USCIS can look to see if you worked for the employer in order to determine whether you committed fraud in your green card application. however, as long as you worked for the employer for some period and can give a reasonable explanation for leaving the position, the fact that you did not stay with the employer long should not be a bar to receiving citizenship.
You should also keep in mind that, in certain circumstances, the green card application is portable to a new employer. Therefore, when the application is portable, you can start working for the new employer as your new petitioner before the green card application is approved. For more information on this, please listen to the podcast that we recently posted on the subject at visalaw.podbean.com. However, before you move to a new employer under the portability regulations, I would recommend that you consult with an immigration law attorney to ensure that your application is truly portable.
# posted by Ari Sauer the Immigratio Answer Man @ 11:57 AM
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.
Monday, June 29, 2009
USCIS mistakenly withdrew my I-140 petition. How do I correct the mistake?
QUESTION- My I-140 was approved in 2006 and still working with sponsoring company.
Now my attorney got withdrawal/termination decision on my I-140, saying that my company requested the withdrawal of my I-140. My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
ANSWER- Your attorney should file a Motion to Reopen, and include affidavits from them and from the signatory of the I-140 attesting to the fact that they did not send in a request to pull the I-140.
While it may be that USCIS might reopen on their own motion based on the letter from your attorney, you only have 33 days to file a MTR. If USCIS does not reopen on their own motion and you do not file a MTR within 33 days, then you have lost the chance to file a MTR, and have no authority to appeal the Services decision not to reopen on their own motion.
So you definitely want to file a MTR. It is worth the filing fee.
Of course , before you file a MTR and pay the filing fees, you want to make sure that you company didn't accidentally send in a letter requesting your I-140 be withdrawn along with the other 12. It would have been an easy mistake to have made. If that is the case, I would say it is unlikely that USCIS would reopen.
# posted by Ari Sauer the Immigratio Answer Man @ 11:58 AM
The Immigration Answer Man's Facebook Page
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