best immigration lawyer in jamaica queens

How Can You Help Your Relative Become a U.S. Permanent Resident?

If you have a relative who is a U.S. permanent resident and you want to sponsor them for U.S. citizenship, there are several steps you need to take. Read on and know all there to know about the U.S. permanent residency citizenship for the relative you wish to sponsor.

What are the Steps?

 

First, your relative must be eligible for citizenship through the family member sponsorship program. This means that they must not have any criminal history or other issues. They also must demonstrate that the person can financially support themselves and their dependents without assistance from the government or other sources of income, such as welfare programs or public assistance (including Medicaid).

Next, you must complete an I-130 form with the USCIS (U.S. Citizenship and Immigration Services) office closest to where your relative lives or where they currently reside if it is within 100 miles of that office; this form will request information about both yourself and your relative so that USCIS officials can determine whether or not they are eligible for citizenship through family sponsorship. Upon approval of this form, they will receive an Employment Authorization Document (EAD) card, which will allow them to legally work in the United States while waiting for the processing of their green card applications; this process typically takes between six months to two years depending on how quickly USCIS processes all applications it receives.

Can a Family Member Sponsor a Relative to Live in the USA?

 

If a relative would like to become a U.S. permanent resident, they will need to have a family member sponsor them. The person (if it is you) who sponsors their permanent residency application must meet the requirements set out by the U.S. government, which include:

  1. They must be related to you by blood, marriage, or adoption
  2. They must be over 18 years old and financially capable of supporting themselves and their family member.
  3. They must be present in the United States.
  4. They must have lived with you for at least two years before filing the petition for permanent residency on your behalf.
  5. They must be able to provide proof of financial support during this time period.

If you have a family member living in the U.S., you can sponsor them for permanent residency. This means they will be able to live and work anywhere in the U.S., as well as travel outside of the country.

To sponsor your relative, you must meet certain requirements:

  • You must be at least 18 years old and a U.S. citizen or permanent resident.
  • You and your relative must be related by blood or marriage.
  • Your relative cannot have any criminal convictions or pending criminal charges.
  • Your relative must have lived in the U.S. for at least five years before applying for citizenship.
  • Once you’ve met these requirements, you can begin the process of sponsoring your family member through USCIS (the United States Citizenship and Immigration Services).

Upon meeting all these requirements, if you are a U.S. citizen or green cardholder, you can sponsor your relative to become a permanent resident.

What Should You Submit?

 

  • You will need to fill out Form I-130, Petition for Alien Relative, and submit it to the U.S. Citizenship and Immigration Services (USCIS).
  • You will also need to provide supporting documents, such as proof of your relationship with the person you are sponsoring and evidence that they have been living in the United States with you for at least two years.
  • Once USCIS approves your petition, they will send it to the National Visa Center (NVC).
  • NVC will then forward your petition to the U.S. embassy or consulate in the country where your relative currently lives so that they can schedule an interview appointment with an immigration officer.
  • The officer will review their application and decide whether or not they should be allowed into the United States as a permanent resident based on their qualifications for entry into the country (such as their age, education level, etc.).

When you sponsor a relative, you promise to provide financial support for them during their first year in the U.S. This can be done through taxes, health insurance, and other means of providing financial support as required by law.

You also need to prove that any other family member who is currently living in the United States is capable of supporting themselves financially during this time period as well as being able to care for themselves once it has passed; this includes children under 21 years old (or up to age 23 if they are enrolled full time in high school). If no other family members can provide financial support, they will not be eligible for sponsorship under these guidelines until they reach adulthood (18 years old).

Conclusion

 

If you have a relative eligible for a family-sponsored green card, you can sponsor them for U.S. permanent residency. You must be at least 18 years old, a U.S. citizen or legal permanent resident, and have lived in the United States for at least three years before filing Form I-130F with USCIS. By satisfying all the crucial guidelines, you will be able to get permanent residency for your relative and help sponsor the person. That is the key point, and hopefully, it will help your relative get the citizenship they deserve.

If you want to get permanent residency for your relative, the assistance of a qualified immigration attorney might be very useful. They can figure out what you and your relative need and easily arrange all the documentation.

best immigration lawyer

Naresh M. Gehi, was honored by the South Asian and Indo-Caribbean Bar Association of Queens (SAICBAQ)

On June 9, 2022, MYLS founder and Gehi & Associates Principal, Naresh M. Gehi, was honored by the South Asian and Indo-Caribbean Bar Association of Queens (SAICBAQ), for his contributions to the legal profession, the borough of Queens, and the global South Asian and Indo-Caribbean communities. The occasion was SAICBAQ’s annual gala, where scores of attendees gathered, and where Mr. Gehi spoke alongside a member of the U.S. House of Representatives, a New York State Senator, as well as federal and state judges.

In a speech introducing Mr. Gehi, SAICBAQ Executive Vice President and Queens prosecutor Ajay Chheda highlighted Mr. Gehi’s public service as an advisor to the President of Suriname, the finance committee of Hillary Rodham Clinton, and federal and state representatives. Mr. Chheda also made note of Mr. Gehi’s storied list of clients, whose number include everyone from UN Diplomats to Bollywood stars like Sharukh Khan. New York State Senator Jessica Ramos also commended Mr. Gehi for his public service and distinguished career that night.

For his own part, Mr. Gehi spoke that night of the difficulties immigrants have historically faced in the legal profession, but also of their ability to overcome those obstacles by contributing to their communities and fostering inclusion and loving compassion. The inseparability of inclusion and compassion was a recurring theme for Mr. Gehi that became explicit has he built toward his conclusion. At the end of his speech, Mr. Gehi directly addressed the prosecutors and judges in the room, and urged them to employ these principles when considering the consequences of their decisions and rulings for immigrant defendants. Mr. Gehi noted that, in some cases, often their professional views were at conflict with the principles of humanity and discretion that should govern their practice, and Mr. Gehi urged them to prioritize the latter.

In a passionate and moving speech that came “directly from the heart,” Mr. Gehi reminded the judges and prosecutors in the room that, when their decisions lead to deportations, it is not just immigrants who are harmed, but American families that are often torn apart and destroyed. Emphasizing that the family was the foundation of America, Mr. Gehi reiterated his call to everyone in the room to exercise their efforts and authority in service of the principles of humanity, the family, America, and love.

new york city immigration lawyer

Guide To U.S. Spouse Visa – Things You Must Know!

Do you have a spouse staying in the U.S. while you are in an overseas nation – waiting to get your green card? It is pretty natural to feel the desire to visit your spouse, but you might be wondering whether it is possible at all and whether the chances of getting your green card fast will get hurt due to that. The answer to this, similar to many other issues related to the laws pertaining to immigrating to the U.S., depends on your specific situation.

Can You Visit Your Spouse in the U.S. While Waiting For Green Card?

It is quite possible for you to visit your spouse in the U.S. while your green card application based on marriage is still pending. If you have to do that, it is necessary to submit an application for a tourist visa. However, before you go for this option, you need to understand the various risks and challenges involved.

At first, you have to convince an immigration officer that it is just for a short time that you plan to stay in the United States and would go back before the expiration of your tourist visa.

However, after that, there is another problem that you have to deal with. When you land in the U.S., you will be ‘inspected’ by a U.S. Customs and Border Protection (CBP) agent at the “port of entry” or border. You will be questioned, and you have to explain the reasons for your visit. Then, the decision to allow you an entry or ‘admission’ (as it is called) would be at the discretion of the CBP agent.

It is vital for you to note that you should never misrepresent the true reason for you to visit the U.S., either before a CBP agent/immigration officer or on an immigration form. Thus, you should not give misleading or false information to officials. Also, you should never lie about being married to a green card holder or U.S. citizen. Any misrepresentation could be considered fraud, and your application for a green card is likely to be denied in that case. An expedited removal order might even be issued, which could make you ineligible for an immigrant visa.

However, even if you have a valid tourist visa, there is no guarantee that you will get admission. In many cases, spouses who seek a green card get their entry denied at the port of entry/border when a CBP agent discovers that they have a pending marriage-based green card application or are married to someone living in the United States.

What Can You Expect?

Spouses of green card holders or U.S. citizens, particularly those with a pending I-130 petition (which is the first step to getting a marriage-based green card), frequently have to face more scrutiny. In case you use a tourist visa to visit your spouse, it could be suspected by the immigration officer in charge of processing your application that you are attempting to sidestep the process of getting a green card to shorten the time to be with your spouse.

Based on your situation, this is something that you can expect:

 

In case of an I-130 petition that is pending

You would be walking a tightrope, logically speaking, if you have a pending I-130 petition and are trying to visit the United States. You might like to stay in the United States permanently when you get a green card. However, at the moment, you have to convince the CBP agent/immigration officer that you do not have plans yet to settle in the U.S.

That can be tough if you have given up your job already and sold off all your property in your nation. Due to this reason, many people like to visit the U.S. before they do any of those things. Naturally, it is essential to present some strong proof that you have plans to come back to your home nation after your short visit. However, a risk is always there to have your entry denied. There is never any guarantee of admission.

 

In case of an I-130 petition not pending

 

If you have not yet begun the process of getting a marriage-based green card by getting an I-130 petition filed, there is no need to prove that you are not in a hurry to settle in the U.S. Still, you might have to go through extra scrutiny while applying for a tourist visa or at the time of arrival in the U.S. This is due to the reason that the CBP agent or immigration officer could have suspicions that you want to avoid the entire process of I-130 by trying to enter on a tourist visa and will then submit a marriage-based green card application after you have entered the U.S. already (which is referred to as “adjustment of status”).

In case you do not have plans immediately to live in the U.S. permanently, you should have a clear idea about that in your application for a tourist visa. Also, you might like to prove:

  • You have academic or work commitments in your home nation, which keeps you from permanently moving to the United States at present.
  • You have a confirmed travel plan with a fixed return date to your nation.

Also, you should never lie about whether your spouse is a green card holder or a U.S. citizen. If your lie gets caught, you might not be able to acquire a green card again in the future.

 

What Should You Do?

You should get in touch with a qualified, experienced, and knowledgeable immigration lawyer because your attorney would be familiar with the kind of situation you are in. You can get important information regarding visiting a spouse who is residing in the United States at a time when your application for an immigrant visa is still pending.

immigration lawyer new york

Final Rule to Expand USCIS Premium Processing Program in Phases

Premium processing is the name given to an optional program that lets eligible petitioners or applicants request faster processing times with the promise of more guarantees for eligible petitions and applications. The fees for Premium processing are added to those for the regular petition filing or application fees for the request of the underlying benefits.

On May 31, 2022, this rule came into effect. However, the new premium processing categories that have been added by the rule will be only available when the USCIS completes the requisite system development and their availability is explicitly announced.

Availability of Premium Processing

Premium processing remains available for existing categories eligible for premium processing even now. This rule designates new premium processing eligibility for specific immigrant petitions, employment applications, an extension of stay, and changes of status.

However, eligibility to request premium processing for all the categories added newly depends on the revision of systems by the USCIS in order to have the new categories accommodated.

According to the effective date language of the final rule, USCIS will announce the availability of premium processing for immigration benefit requests designated newly according to the regulations of DHS premium processing. These will be available as mentioned during that time.

For such new categories, until the USCIS announces the availability, Premium processing will not be available. It can be assistive to think about the availability of premium processing according to the benefit requested, instead of just the USCIS form number, due to some petitions and applications being used for many purposes. Some of these are not designated for premium processing eligibility. Benefit requests will not be eligible for premium processing if these are not there in the final rule.

USCIS Final Rule and Premium Processing Expansion

A final rule was published by the U.S. Citizenship and Immigration Services (USCIS) on March 30, 2022, which was – The implementation of the Emergency Stopgap USCIS Stabilization Act.

It is important to note that the new rule is expanding the “Premium Processing” requesting availability for specific USCIS applications, which include:

Form I-765 Application for Employment Authorization includes F-1 STEM OPT Extension and F-1 Optional Practical Training. The Application Processing Timeframes is 30 business days, and US$1,500 is the fee.

Form I-539 Application for Change of Nonimmigrant Status includes applications to J-1 Exchange Visitor or F student visa status from specific statuses. Thirty business days are needed for the processing of the application, and the fee is US$1,750.

Form I-129 and Form I-140, for O and H-1B petitions and most other petitions based on employment status. 15 business days are needed for the processing of the application, and US$2,500 is the processing fee – the same amount as for the current Premium Processing for such categories.

Although May 31, 2022, is the rule’s effective date, it will be impossible to file Premium Processing requests for the new types of application form until new premium processing request form versions and the USCIS and processing timelines issue instructions are confirmed by the same.

 There are indications from the USCIS that the Fiscal Year 2022 will have the planned effective date of the rule, and the earliest date might not be until the Fall of the year.

The ISO will surely notify students, and the ISO website will be updated after Premium Processing for Form I-539 and the Form I-765 applications are available. It is expected that the announcement will be made by USCIS on its website as every new type of case gets eligible for premium processing.

Conditions may also be placed on premium processing available for new case types when there is an announcement on the website. These conditions may include restricting the availability of premium processing to all those cases which have been pending for a minimum duration or delaying the initiation of the premium processing schedule due to some administrative factor, like operating a necessary selection lottery.

Other than this, to have new case types be premium processing-eligible, processing will start only on the date when “all prerequisites for adjudication” are obtained by the USCIS, which means that the processing timeframe would start being counted by the agency only upon getting all the background checks, biometrics, interview information, and necessary documentation, as deemed to be suitable for the case type.

Based on the type of case and its needs, applicants and petitioners could have to wait for more time to see their cases get processed, as compared to the official timeframes for premium processing.

Things to Know

This regulation will expand premium processing service to additional case types, which would include:

  • Some Form I-765 employment authorization document (EAD) applications
  • Additional I-140 petition categories
  • Change or extension of status of some Form I-539 applications

This rule will start becoming effective 60 days after the Federal Register publication. However, the implementation will happen in phases – over a time of 3 years at least and will depend on the capacity of the DHS.

It is expected that the phased implementation will start this fiscal year. This rule will also announce a new method for determining the start of the premium processing timeframe for new case types on the basis of when “all prerequisites for adjudication” are obtained by the USCIS, which could prolong the real-time wait for the action to happen on a case.

Until the final rule comes into effect and the premium processing availability details are announced by the USCIS for the eligible cases, the availability of premium processing will be only for the I-140 and I-129 petition case types.

Foreign nationals and employers can start to work with their immigration service provider agencies for the review of cases that are pending (in case of the affected types of cases for which premium processing is expected to become effectual in this financial year) and for detecting those cases that are time-sensitive and need to be considered for premium processing when the case becomes eligible in type.

best law firms in new york

Best Ways to Find an H1-B Visa Sponsorship

Are you planning to live and work in the USA this year? In that case, you need to apply for an H1B visa. There are various options that you can choose from in order to live the kind of life and have the profession that you want in the United States. However, the first step to getting work in the US is to apply for this kind of a visa and submit a petition with the USCIS.

However, keep in mind that in order to get an H1B visa, you might face several problems starting with getting a sponsor. If you do not have a sponsor yet, you have to get one for yourself.

How to Find an H1-B Visa Sponsor?

 

You are probably already worried about how you can get an H1B visa sponsor for yourself all the way from your country. You are probably also concerned about which companies allow sponsoring an H1B visa or whether some list is there for you to look at and determine which company to go for.

Even if you already live in the US and own an F1 visa or an H4 visa, you will possibly be asking the same questions. Read and find out how you can find a sponsor for your H1-B visa.

Try to Find a Job in the Database of the H1B Visa Sponsors

 

First and foremost, you have to look for companies that have already sponsored each H1B visa in the last few years. This can be done by checking the list of companies that sponsor H1B Visas or searching the H1B Visa Sponsors Database.

You can use these keywords in search engines like Google and change the wording a little to get lists of the names of all those companies that have sponsored H1-B visas in the last few years.

If you wish to go to a specific region in the US, you could try to look for “H1B Visa Sponsors Database California” or use any other word combination with the State / City you want to visit. You might also be able to find the kind of jobs, information about salary, and which kinds of petitions have received approval from the USCIS.

After you have done proper research, make a list of all those companies you are interested in working with and carry out a proper assessment – on the basis of the number of petitions that they approve or reject every year. Please find out how many petitions they file annually and more. Based on this kind of assessment, you can choose those companies you would like to apply to for a job.

It is imperative to choose a company for an internship that has sponsored other H1-B visa petitions already in the past, given that the process can be pretty complex. If the company knows the process already, everything can become easier for you.

There are plenty of companies in the United States offering H1B sponsorship. Some of the biggest and most profitable agencies provide this kind of sponsorship, such as Facebook, Google Salesforce, Microsoft, and Amazon.

Apply for a job and receive an offer letter

 

Then, you have to create an outstanding resume and write an impeccable application. You have to apply to all the companies on your list and not only to a specific company so that there are more chances of getting an H1B visa sponsor for yourself.

The best way to obtain a job is to send your application to all those companies that have sponsored a number of H1B visa petitions already in the past few years. But, if you are unable to find agencies in your domain of expertise, you can check out US job websites such as Dice, Monster, or CareerBuilder. It is also a good idea to check out the homepage of the website techfetch.com. While looking for good jobs in the US, you might get fortunate while browsing those websites.

After getting an employment offer, you must inform the company that you would like to be on the H1B visa sponsorship petition for the current year. It can make the company understand that it has to act quickly, to make it easier for you to get the coveted H1B visa. It is also advisable that you apply to as many jobs in as many companies approving H1B visa sponsorship applications as possible.

Look for an internship.

 

Finding an internship is another excellent option that you should try out. If you are already on an F1 Visa in the US and have plans to stay, try to look for an internship at an agency that can sponsor an H1B Visa. Then, you have to use the first two steps to search for and get an internship.

It is also possible for you to find internships at career events and job fairs. You would do well to stay up to date at all times and go to as many networking events as possible.

Try to find global consulting companies.

 

Try to make a list of all the major global consulting agencies such as Wipro and TCS. Then check out their home pages and look for the types of positions they have on offer before you hit the “Apply” button.

When you manage to get an employment offer, you can negotiate with those agencies about the H1B visa. Always ensure that your competencies and skills are displayed to the companies, and the recruiters have an idea about why you deserve an H1B Visa. It is recommended that you look for a niche in your domain. Although no guarantee is there that you will manage to get the job, the attempt will surely be worthwhile because you might just hit lucky.

Conclusion

 

You can see that when you are trying to find an H1B Visa sponsor, there are many ways that you can try. With careful planning and approach, getting an H1B sponsorship will not be too difficult for you.

know about asylum from gehi law usa

What Do You Need to Know About Asylum?

Can an Asylum Attorney Assist You With Your Case?

Immigrants seeking refuge in New York are fleeing dangerous conditions in their home country. Our asylum lawyers help immigrants who are currently seeking asylum. The assignment enables the person to enter the nation and apply for permanent residency. However, in order to reach this goal, the applicant must abide by all federal asylum and naturalization regulations.

 

What Do You Need to Know About Asylum?

The Refugee Act of 1980 allows immigrants fleeing persecution in their home country to seek refuge in the United States. The threat of persecution is usually based on religion, race, political viewpoint, or social group affiliation. Asylum allows a person and their family members to migrate to the United States to avoid the persecution that could result in death, torture, or other potentially deadly injuries.

 

What Should You Expect Before You Begin the Naturalization Process?

The person who has been given asylum and/or their relatives must remain in the country for at least one year after the asylum has been granted. Through USCIS, the individual must supply information about where they live in the United States to their designated caseworker.

 

Who Qualifies for Asylum in the United States?

Prior to arriving in the United States, the individual or individuals requesting refuge must submit an asylum application. Foreign immigrants can usually get an application from the US Embassy in their home country. On the other hand, individuals fleeing their nation may be granted refuge at a point of entry, such as an airport or border crossing.

 

After a year has passed after they were given refuge, the individual must evaluate the situation in their resident nation. Any change in circumstances that do not jeopardize the individual’s safety could impact their asylum status. In addition, the party must adhere to all deadlines outlined in their casework. However, unusual circumstances, such as hospitalization, may result in a postponement of the deadline.

 

After being granted asylum, how long does it take to get a work permit?

Immigrants who have been granted asylum are unable to apply for a work permit right away. According to federal law, they must wait at least 150 days before submitting their application. However, the immigrant is unable to work in any industry in the United States until their work visa application has been approved. After the waiting time, the USCIS has thirty days to review and make a decision.

 

Is it Legal for Refugees to Travel Outside the Country?

Any planned journey outside the country must be discussed with the individual’s caseworker in advance. Once authorization is obtained, the caseworker issues a refugee travel document. Failure to obtain permission before flying could result in their asylum status being revoked. The USCIS can and will begin the removal or deportation process for an immigrant if illegal travel is discovered.

 

What is the purpose of Removal Proceedings?

The federal government can send an immigrant back to their home country through removal or deportation proceedings. The process takes away an immigrant’s right to apply for naturalization and become a legal citizen of the United States. A hearing is usually required, during which a judge evaluates documentation and makes a decision based on existing immigration regulations. Individuals in similar situations can call us right now for legal assistance. We give immediate help in New York to immigrants who have been granted asylum but are facing deportation to their home country. We can assist by filing a motion to enforce immigrants’ rights based on their asylum status. Immigrants who require immediate legal assistance should call us straight away.

 

Contact Our Asylum Lawyers with Years of Experience

If you are seeking asylum in the United States, we can assist you in filing a claim. Please make an appointment with one of our attorneys at Gehi & Associates today. We have decades of experience representing asylum seekers throughout the country. Our staff will be delighted to speak with you or a family member regarding your asylum application. 

 

immigration agencies to cut case backlogs for speeding up the process from gehi law usa

Immigration agencies to cut case backlogs for speeding up the process?

 

The US governing administration has drawn an important decision concerning the backlogs of cases in the immigration process. This has proven that the urgency to reduce the case backlogs in the lines of visa processing has finally reached the authorities, especially the economic impact and consequences it has had on the other US employees. 

 

Lynden Mehmed, an eminent USCIS lawyer during the administration of George Bush, had pointed out, ” At a time where every company is struggling to find workers, it is rubbing salt to a wound to have to terminate a worker because the government can’t process a four-page application in over a year,” which signified the deplorable state of the pending status of application processing and why there is a dire need to elevate the speed of the procedure. 

 

The effects of this tedious time of immigration application processing are graver than it seems to be. Immigrants have had to wait up to a year for their permits and sanctioned immigration applications, which have affected their employment, education, and other concerning areas that require the necessary permit. 

The pandemic has, in turn, created a major fiscal crisis leading to the deportations of almost 1.7 million immigrants that remain unresolved and the backlog of almost 400,000 visa applicants waiting for US consulate interviews, which, by the way, have been limited by the epidemic. 

 

The USCIS measures taken up to regulate the backlogs of immigration applications within a stipulated period of time are as follows : 

  • Expansion of Premium processing: If the applicants wish to expedite the process of reviewing their application cases within 45 days, they are to pay a sum of $2,500 in addition to the fees. This liberty is extended to H-1B petitions and certain requests for employment-based green cards, work permits, and extension requests for temporary immigration. It is expected that Premium processing will gradually be extended to more work-based immigration procedures. 


  • Lengthening of automatic work permit extensions for immigrants who were previously affected by the delays in authorization to renew their work permits. Although several eligible work permit holders can enjoy the facility of having their renewals automatically extended up to 180 days, countless immigrants are waiting for renewals for even up to 10 months.


  • Hiring more caseworkers and ameliorating technologies associated with processing and adjudication of applications. As per agency data, there are ample vacancies for suitable job roles; therefore, with more caseworkers, the requests for work permit extensions, travel permits, extensions in temporary status, or appropriate changes can be catered to more conveniently. It can be then hoped that the reviewing process can be accomplished within three months. And by estimation, better technologies for adjudication of applications will be set up by 2023. 

The USCIS has been recommended to adjudicate other documents and applications – US citizenship, renewals of the policy of Deferred Action for Childhood Arrivals (DACA), and green card requests sponsored by family members or employers within a period of 6 months. 

 

the relation between visas and legal immigration

Relation between visas and Legal Immigration.

 

A visa is a valid document issued to travelers traveling to the United States of America. The U.S. system of immigration and citizenship is vastly dependent on a visa as it is what grants the allowance of entry into the country. 

 

Visas ensure a secure state of being in a country; establish the rules of Immigration and Citizenship with a specified period of time for the stay and respective activities in the country. 

 

The purposes provided for a visa in the States mostly are Education, Travel, Employment, and Transit purposes. 

Various visas provide different rights with different conditions to the visa applicants. 

But two major distinctions of the Visa process is 

  •  Immigrant visa 
  • Non Immigrant visa

 

Immigrant visas are for the permanent status of living in the country, whereas Non-Immigrant visas are issued for temporary purposes in the country. 

 

Not every country abides by a visa policy and certainly does not maintain a similar procedure but the determination of visa criteria and mandating them for entry to the States holds more importance compared to other nations. 

 

The USA has proudly been welcoming the most number of immigrants, issuing a considerable number of visas to its suitable applicants from various countries as it has had a remarkable influence on the economy of the country. Every year the President decides the number of refugees to be allowed in the United States in accordance with the Congress to maintain discipline in the Refugee program. 

 

A visa is not an authorized entry pass to the States. But there is a fine relationship between Lawful Immigration and the visa programs here because a visa is a preliminary step in seeking admission to a country. Without a visa, the very beginning of the process of granting a stay in the country will be invalid. 

As per the Immigration and Nationality Act, a visa can be denied on the grounds and circumstances of: 

  • The non-permissible health situation
  • Untoward history of crime
  • Fears of Security
  • Charges or burdens from public
  • Illegal immigration
  • Lack of the requisite documents
  • Ineligibility for Citizenship
  • History of deportation from the country
  • Often, the spouse of a U.S. citizen is denied a visitor’s visa because the spouse might want to stay in the United States for a longer period of time than allowed.

 

Therefore, these conditions prove that a visa determines the suitability of a citizen to gain access to the United States, saving the country from any probable threat concerning the person. A visa has a meticulous application process as it scrutinizes the applicant as studiously as possible with stringent measures. Therefore, a visa paves the way for Lawful Immigration to the United States. 

 

eb-5 visa program mean for foreign investors

What will the new developments in the EB-5 visa program mean for the Foreign Investors?

 

This year March had welcomed some significant developments in the EB-5 visa program which has been long overdue since its inception. The EB-5 Reform and Integrity Act with the other appropriations have been approved on March 10 by the Congress of the U.S. 

 

And some of the most noteworthy developments which have reauthorized the entire program are :

 

  • Increased investment amounts to $800,000 for Target Employment Areas and $1,05,000 for Non-Target Employment Areas;
  • Lining up new investment projects in rural areas, infrastructure projects, and high unemployment areas;
  • Protection of new and existing investors.

 

The U.S. issues up to 10,000 places for EB-5 visas and it has proved to be extremely beneficial to qualified investors, especially in terms of:

 

  • Easy access to permanent citizenship.
  • Freedom to travel and inhabit any part of the USA.
  • Liberty in any job sector without employment and sponsorship reservations and restrictions.
  • No legal curtailment for the spouses and automatic green card grants.
  • International flexibility in movableness.
  • Employment access without H-1B work visa.
  • Investments especially in real estate projects can be obtained by a collateral to lower the down risks. 
  • In case of national tension or conflicts, the person with an EB-5 visa can conveniently shift to the U.S. sans delay.
  • Allowance to apply for citizenship of the USA precisely after 5 years of established residency in the country while holding onto the Indian lineage. 

 

Since the beginning of EB-5 in 1990, countless entrepreneurs and money makers have been attracted to foreign investment in the USA. In 2020, there is a noteworthy increase in demand in India for the EB-5 as the investors wish to expand internationally in the USA, secure the future of their families, gain U.S. citizenship, and be a part of more employment opportunities. 

 

With the new developments in the visa program, it can be expected that the backlogs in the application processes will be taken care of. Thereby engaging more investors with more investments in the projects focusing on the rural areas, infrastructure-based business plans, and areas lacking employment opportunities. This will provide more opportunities for young, forthcoming, and potential employees to find better establishments with a brighter scope putting them in comfort if the investor in question shares the same nationality. 

 

And therefore this will result in more fortified international relations between the two nations paving paths for momentous growth in the upcoming days. 

 

Questions To Ask An Immigration Lawyer

Questions to ask an Immigration lawyer in the initial stage of consultation

 

Questions To Ask An Immigration Lawyer

“People do not win people fights. Lawyers do.” 

 

Every time we face a burdensome problem related to immigration and citizenship, an immigration lawyer is our inevitable savior. 

 

The USA has taken pride in its intricate documentation relating to Immigration and Citizenship. But it has proven quite a hassle for the individuals who apply for the visas, especially for permanent citizenship or employment visas. 

Therefore, it is crucial to know what questions to ask an immigration lawyer during a consultation. By doing so, the individual seeking assistance will have a better idea of what to invest in. 

 

  • Is my case valid enough to be contested in the Court of Law? 

This question will help the person be aware of the validity of the case and how it will pan out in the court procedure. A lawyer is always aware of the validity of a situation and whether it has the potential to be considered a legal case. So it is best to clarify that in the first place. 

 

  1. Have there been any similar cases to mine, and have you dealt with them before? 

 

Immigration law is a vast area of expertise. There are various situations involved in this arena with different solutions to them. Questions like these are a first, subtle step to knowing what arena your lawyer has dealt with and if the attorney knows the feasible ways to counter your law and evade the challenges against your problem. 

 

  1. What are the chances of my case succeeding?

 

No lawyer can put forth a guarantee of success in any case. But as this question is not about the assurance of the victory of the case; rather, it is about its probability, it will prepare the person to set their expectations accordingly and what they are signing up for. 

 

  1. What are the specific steps you will be taking to advance my case?

 

It is always a prudent decision to know which path the lawyer will be taking as the case in itself is related to the client. So awareness of the party is beneficial to the party in concern and the lawyer, which will also ensure transparency between the lawyer and the client. 

 

  1. Are you planning to include more lawyers in this case? 

 

Having this information on hand will give the client an insight into who will deal with the case in hand and to whom it will be entrusted. In that way, the client can gather ideas about the attorneys involved and if the trust will be safeguarded in good hands or not.

 

  1. What will be the cost charges on average to carry out the entire procedure? 

 

A salient step during any legal proceeding is the financial investment in it. Every case has different pathways to take, requiring different outlay, so to avoid any confusion between the attorney and the client as well as to steer clear of probable untoward situations in the future, it is important to be aware of the average of the service charges in total. 

 

A case can see the light of success not just with the efforts of a lawyer but also with the client’s approach. Thus in the initial stage, if one can stay aware of how to approach a US Immigration lawyer, it shall be plain sailing to approach the correct Immigration lawyer for their case.